Community trade mark - Opposition proceedings - Application for Community word mark OMNICARE - Earlier national figurative mark OMNICARE - Likelihood of confusion - Similarity of the signs - Similarity of the services - Genuine use of the earlier mark.

Judgment of the General Court (First Chamber) of 9 September 2011 – Omnicare v OHIM – Astellas Pharma (OMNICARE) (Case T-290/09) Community trade mark – Opposition proceedings – Application for Community word mark OMNICARE – Earlier national figurative mark OMNICARE – Likelihood of confusion – Similarity of the signs – Similarity of the services – Genuine use of the earlier mark 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 207/2009, Art. 8(1)(b)) (see para. 95) Re: ACTION against the decision of the Fourth Board of Appeal of OHIM of 14 May 2009 (Case R 402/2008-4), concerning opposition proceedings between Yamanouchi Pharma GmbH and Omnicare, Inc. Operative part The Court: 1. Dismisses the action; 2. Orders Omnicare, Inc. to pay the costs.