This document is an excerpt from the EUR-Lex website
Document C2006/010/37
Case T-154/03: Judgment of the Court of First Instance of 17 November 2005 — Biofarma v OHIM (Community trade mark — Opposition proceedings — Earlier national word marks ARTEX — Application for Community word mark ALREX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Case T-154/03: Judgment of the Court of First Instance of 17 November 2005 — Biofarma v OHIM (Community trade mark — Opposition proceedings — Earlier national word marks ARTEX — Application for Community word mark ALREX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Case T-154/03: Judgment of the Court of First Instance of 17 November 2005 — Biofarma v OHIM (Community trade mark — Opposition proceedings — Earlier national word marks ARTEX — Application for Community word mark ALREX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
OJ C 10, 14.1.2006, p. 19–19
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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14.1.2006 |
EN |
Official Journal of the European Union |
C 10/19 |
Judgment of the Court of First Instance of 17 November 2005 — Biofarma v OHIM
(Case T-154/03) (1)
(Community trade mark - Opposition proceedings - Earlier national word marks ARTEX - Application for Community word mark ALREX - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
(2006/C 10/37)
Language of the case: Dutch
Parties
Applicant(s): Biofarma SA (Neuilly-sur-Seine, France) (represented by V. Gil Vega, A. Ruiz López and D. Gonzalez Maroto, lawyers)
Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by W. Verburg and A. Folliard-Monguiral, Agents)
Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Bausch & Lomb Pharmaceuticals, Inc. (Tampa, Florida, United States) (represented by S. Klos, lawyer)
Action
brought against the decision of the Third Board of Appeal of OHIM of 5 February 2003 (Case R 370/2002 3), concerning opposition proceedings between Biofarma SA and Bausch & Lomb Pharmaceuticals, Inc.
Operative part of the judgment
The Court:
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1. |
Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 February 2003 (Case R 370/2002-3); |
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2. |
Orders OHIM to bear its own costs and to pay those incurred by the applicant; |
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3. |
Orders the intervener to bear its own costs. |