Community trade mark - Opposition proceedings - Application for Community word mark Sorvir - Earlier Community word mark NORVIR - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).

Judgment of the General Court (Sixth Chamber) of 13 September 2010 – Abbott Laboratories v OHIM – aRigen (Sorvir) (Case T-149/08) Community trade mark – Opposition proceedings – Application for Community word mark Sorvir – Earlier Community word mark NORVIR – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) 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 23, 38-41) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 6 February 2008 (Case R 809/2007‑2), relating to opposition proceedings between Abbott Laboratories and aRigen, Inc. Information relating to the case Applicant for the Community trade mark: aRigen, Inc. Community trade mark sought: Word mark Sorvir for goods in Class 5 – Application No 004455507 Proprietor of the mark or sign cited in the opposition proceedings: Abbott Laboratories Mark or sign cited in opposition: Word mark NORVIR for goods in Class 5 Decision of the Opposition Division: Opposition dismissed in its entirety Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 February 2008 (Case R 809/2007-2); 2. Orders OHIM to bear its own costs and to pay those of Abbott Laboratories.