Een afgeleide van het eerdere merk

Gerecht EU, 4 maart 2010, zaak T-477/08, Mundipharma AG tegen OHIM / ALK-Abelló A/S

Gemeenschapsmerk. Oppositieprocedure o.g.v. ouder Gemeenschapswoordmerk AVANZ tegen aanvraag woordmerk AVANZALENE (medicijnen). Oppositie toegewezen. Verwarringsgevaar.

43. However, not only are those arguments unsubstantiated by any evidence reliably demonstrating that that ending is fanciful and uncommon, but they do not give grounds for challenging the finding that the relevant public might believe that the goods at issue come from the same undertaking or economically linked undertakings, as the Board of Appeal found in paragraph 24 of the contested decision.

44. It is conceivable that the relevant public will think that the trade mark applied for is derived from the earlier mark and designates a specific range of pharmaceutical goods included in the wider range of goods covered by the earlier mark, since, as OHIM rightly points out, pharmaceutical undertakings often produce a number of medicines and the scope of their business generally extends beyond the treatment of a single health disorder.

45. The Board of Appeal therefore did not err in holding that a likelihood of confusion between the marks at issue cannot be ruled out.

Lees het arrest hier.