Case T-159/08: Action brought on 2 May 2008 — Procter & Gamble v OHIM — Bayer (LIVENSA)
Date: 2008-05-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical product, trade-mark law

C 171/40

EN

Official Journal of the European Union

5.7.2008

Action brought on 28 April 2008 — Paroc v OHIM —
(INSULATE FOR LIFE)

Other party to the proceedings before the Board of Appeal: Bayer AG
(Leverkusen, Germany)

(Case T-157/08)

(2008/C 171/76)

Language in which the application was lodged: English

Parties

Applicant: Paroc Oy/AB (Vantaa, Finland)
Palm, lawyer)

(represented by:

J.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Form of order sought

— Annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 21 February 2008 in case R 0054/2008-2;
and

— order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘INSULATE FOR
LIFE’ for goods and services in classes 6, 17, 19 and 37 —
application No 593 2827

Decision of the examiner: Refusal of the application for all goods
and services

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regu-
lation No 40/94 as the mark acquired the minimum degree of
distinctiveness required to be registered.

Action brought on 2 May 2008 — Procter & Gamble v
OHIM — Bayer (LIVENSA)

(Case T-159/08)

(2008/C 171/77)

Form of order sought

— Annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 11 February 2008 in case R 960/2007-2;

— reject the opposition No B 873 978 dated 3 May 2007;

— order OHIM to bear the costs of the proceedings: and

— order the other party to the proceedings before the Board of
Appeal to bear the costs of the proceedings before OHIM.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘LIVENSA’ for
goods in class 5 — application No 004 062 725

Proprietor of the mark or sign cited in the opposition proceedings: The
other party to the proceedings before the Board of Appeal

Mark or sign cited: The Community trade mark ‘LYVELSA’ for
goods in class 5

Decision of the Opposition Division: Rejection of the trade mark
application in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94 as there is no likelihood of confusion between
the two trade marks subject to comparison.

Action brought on 29 April 2008 — Frag Comercio
Internacional v OHIM — Tinkerbell Modas (GREEN by
missako)

(Case T-162/08)

(2008/C 171/78)

Language in which the application was lodged: English

Language in which the application was lodged: English

Parties

Parties

Applicant: Frag Comercio Internacional, SL (Esparraguera, Spain)
(represented by: E. Sugrañes, lawyer)

Applicant: The Procter & Gamble Company (Cincinnati, United
States) (represented by: K. Sandberg, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Tinkerbell
Modas, Ltda (São Paulo, Brazil)