Judgment of the General Court of 4 March 2010 - Mundipharma v OHIM - ALK-Abelló (AVANZALENE)
(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))
Language of the case: English
Parties
Applicant: Mundipharma AG (Basle, Switzerland) (represented by: F. Nielsen, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: ALK-Abelló A/S (Hørsholm, Denmark) (represented by: S. Palomäki Arnesen, lawyer)
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.
Operative part of the judgment
The Court:
1. Dismisses the action.
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.
____________1 - OJ C 6, 10.1.2009.