Judgment of the General Court (Fifth Chamber) of 4 March 2010 – Mundipharma v OHIM – ALK-Abelló (AVANZALENE)

(Case T-477/08)

Community trade mark – Opposition proceedings − Application for the Community word mark AVANZALENE – Earlier Community word mark AVANZ – Likelihood of confusion − Similarity of the signs − Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

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 22-23, 43-45)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 1694/2007-4), relating to opposition proceedings between ALK-Abelló A/S and Mundipharma AG.

Information relating to the case

Applicant for the Community trade mark:	Mundipharma AG
Community trade mark sought:	Word mark AVANZALENE for goods in Class 5 – application No 4632501
Proprietor of the mark or sign cited in the opposition proceedings:	ALK-Abelló A/S
Mark or sign cited in opposition:	Community word mark AVANZ for goods in Class 5 (registration No 3331444)
Decision of the Opposition Division:	Opposition upheld
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. 1. Dismisses the action;

2. 2. Orders Mundipharma AG to pay the costs, except those incurred by ALK‑Abelló A/S;

3.Orders ALK-Abelló to bear its own costs.