Community trade mark - Opposition proceedings - Application for the Community figurative mark ‘FARMA MUNDI FARMACEUTICOS MUNDI’ - Earlier Community figurative mark ‘mundipharma’ - Relative ground for refusal - Likelihood of confusion - 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 (Eighth Chamber) of 22 June 2011 – Mundipharma v OHIM – Asociación Farmaceuticos Mundi (FARMA MUNDI FARMACEUTICOS MUNDI) (Case T-76/09) Community trade mark – Opposition proceedings – Application for the Community figurative mark ‘FARMA MUNDI FARMACEUTICOS MUNDI’ – Earlier Community figurative mark ‘mundipharma’ – Relative ground for refusal – Likelihood of confusion – 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 30-31) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 1 December 2008 (Case R 825/2008-2) concerning opposition proceedings between Mundipharma GmbH and Asociación Farmaceuticos Mundi. Information relating to the case Applicant for the Community trade mark: Asociación Farmaceuticos Mundi Community trade mark sought: Figurative mark FARMA MUNDI FARMACEUTICOS MUNDI for goods and services in Classes 5, 35 and 39 – Application No 4841136 Proprietor of the mark or sign cited in the opposition proceedings: Mundipharma GmbH Mark or sign cited in opposition: Community trade mark registration No 4304622 of the trade mark mundipharma for goods and services in Classes 5 and 44 Decision of the Opposition Division: Opposition dismissed in part Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Mundipharma GmbH to pay the costs.