Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Sixth Chamber) of 8 July 2009 – Procter & Gamble v OHIM – Laboratorios Alcala Farma
(oli)**

**(Case T-240/08)**

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)

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 28, 45, 54)

**Re:**

|  |  |
| --- | --- |
|  | 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.

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