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13.2.2010 |
EN |
Official Journal of the European Union |
C 37/35 |
Judgment of the General Court of 15 December 2009 — Trubion Pharmaceuticals v OHIM — Merck (TRUBION)
(Case T-412/08) (1)
(Community trade mark - Opposition proceedings - Application for the Community word mark TRUBION - Earlier Community figurative mark TriBion Harmonis - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2010/C 37/46
Language of the case: English
Parties
Applicant: Trubion Pharmaceuticals, Inc. (Seattle, Washington, United States) (represented by: C. Hertz-Eichenrode, 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 Court of First Instance: Merck KGaA (Darmstadt, Germany) (represented initially by M. Best and R. Freitag, and subsequently by M. Best and U. Pfleghar, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 3 July 2008 (Case R 1605/2007-2), relating to opposition proceedings between Trubion Pharmaceuticals, Inc. and Merck KGaA.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Trubion Pharmaceuticals, Inc. to pay the costs. |