CELEX: 62008TJ0240
Community trade mark
Opposition proceedings
Application for the figurative Community mark oli
Earlier Community word marks OLAY
Relative ground for refusal
No likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 2 April 2008 (Case R 1481/2007-2), relating to
opposition proceedings between The Procter & Gamble Company and Laboratorios Alcala Farma, SL.
Information relating to the case
Applicant for the Community trade mark:
Laboratorios Alcala Farma, SL
Community trade mark sought:
The figurative mark oli for goods in Classes 3 and 5 – Application No 4059176
Proprietor of the mark or sign cited in the opposition proceedings:
The Procter & Gamble Company
Mark or sign cited in opposition:
The Community trade marks OLAY for goods in Classes 3 and 5
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.      Dismisses the action;
2.      Orders The Procter & Gamble Company to pay the costs.