Judgment of the Court of First Instance of 28 October 2009 — CureVac v OHIM — Qiagen (RNAiFect)

(Case T-80/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark RNAiFect - Earlier Community word mark RNActive - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2009/C 297/28

Language of the case: German

Parties

Applicant: CureVac GmbH (Tübingen, Germany) (represented by: F. Graf von Stosch, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Kicia and S. Schäffner, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Qiagen GmbH (Hilden, Germany) (represented by: initially E. Krings, and subsequently V. von Bomhard, A. Renck and T. Dolde, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 December 2007 (Case R 1219/2006-1) relating to opposition proceedings between CureVac GmbH and Qiagen GmbH.

Operative part of the judgment

The Court:

(1)  OJ C 107, 26.4.2008.