Judgment of the General Court (Eighth Chamber) of 16 June 2010 – Kureha v OHIM – Sanofi‑Aventis (KREMEZIN)

(Case T-487/08)

Community trade mark – Opposition proceedings – Application for Community word mark KREMEZIN – Earlier international word mark KRENOSIN – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Proof of existence of the earlier trade mark – Time-limits – Rules 19 and 20 of Regulation (EC) No 2868/95 – Proof of genuine use of the earlier mark – Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009)

1.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Partial use – Effect (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 56-57)

2.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 68-69, 90)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 September 2008 (Case R 1631/2007‑4), concerning opposition proceedings between Sanofi-Aventis SA and Kureha Corp.

Information relating to the case

Applicant for the Community trade mark:	Kureha Corp.
Community trade mark sought:	Word mark KREMEZIN for goods in Class 5 – Application No 2906501
Proprietor of the mark or sign cited in the opposition proceedings:	Sanofi-Aventis SA
Mark or sign cited in opposition:	International trade mark registration No 529937 of the word mark KRENOSIN for goods in Class 5
Decision of the Opposition Division:	Opposition upheld
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Kureha Corp. to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. Orders Sanofi-Aventis SA to bear its own costs.