Judgments (Information) nº T-328/12 of The General Court, October 16, 2013

• Resolution Date: October 16, 2013
• Issuing Organization: The General Court
• Decision Number: T-328/12

Judgment of the General Court (Third Chamber) of 16 October 2013 —Mundipharma v OHIM — AFT Pharmaceuticals (Maxigesic) (Case T‑328/12)

Community trade mark — Opposition proceedings — Application for Community word mark Maxigesic — Earlier Community word mark OXYGESIC — Article 8(1)(b) of Regulation (EC) No 207/2009

1. 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18, 19, 58, 62)

2. 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 — Assessment of the likelihood of confusion — Attention level of the public — Pharmaceutical products (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 21, 27)

3. 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 — Word marks Maxigesic and OXYGESIC (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 30, 31, 47, 49, 51, 53, 68)

4. 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 — Similarity of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 32, 33)

5. 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 — Similarity of the marks concerned — Breakdown of a word sign into word elements having concrete significance (Council ...