Judgment of the General Court of 16 June 2010 - Kureha Corp v OHIM - Sanofi-Aventis (KREMEZIN)
(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)
Language of the case: English
Parties
Applicant: Kureha Corp. (Tokyo, Japan) (represented by: W. von der Osten-Sacken and O. Sude, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Sanofi-Aventis SA (Paris, France) (represented by: R. Gilbey, lawyer)
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.
Operative part of the judgment
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.
____________1 - OJ C 19, 24.1.2009.