Order of the Court of First Instance (Second Chamber) of 18 February 2008 – Altana Pharma v OHIM – Avensa (PNEUMO UPDATE

(Case T-327/06)

Community trade mark – Opposition proceedings – Application for Community word mark PNEUMO UPDATE – Earlier national word mark Pneumo – Action in part manifestly inadmissible and in part manifestly wholly unfounded in law

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 33-36)

Re:

ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 11 September 2006 (Case R 668/2005‑2) concerning opposition proceedings between Avensa AG and Altana Pharma AG.

Information relating to the case

Applicant for the Community trade mark:	Altana Pharma AG
Community trade mark sought:	Word mark PNEUMO UPDATE for goods and services in Classes 5, 9, 16, 35, 38 and 41 – Application No 2462049
Proprietor of the mark or sign cited in the opposition proceedings:	Avensa AG
Mark or sign cited in opposition:	German word mark Pneumo for goods in Class 5, the opposition being directed only at registration for 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 as in part manifestly inadmissible and in part manifestly wholly unfounded in law;

2. Orders Altana Pharma AG to pay the costs.