ECLI:EU:T:2008:329

Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Astex Therapeutics v OHIM – Protec Health International (astex TECHNOLOGY) (Case T-48/06) Community trade mark – Opposition proceedings – Application for the Community figurative mark astex TECHNOLOGY – Earlier Community word mark ASTEX – Relative ground for refusal – Likelihood of confusion – Restriction of the goods designated in the trade mark application – Article 8(1)(b) of Regulation No 40/94 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 70-72) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 November 2005 (Case R 651/2004-2) concerning opposition proceedings between Protec Health International Ltd and Astex Therapeutics Ltd. Information relating to the case Applicant for the Community trade mark: Astex Therapeutics Ltd Community trade mark sought: Figurative mark astex TECHNOLOGY for goods in Class 5 Proprietor of the mark or sign cited in the opposition proceedings: Protec Health International Ltd Mark or sign cited in opposition: Word mark ASTEX for goods and services in Classes 5 and 24 Decision of the Opposition Division: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Astex Therapeutics Ltd to pay the costs.