Source: EURLEX
Language: en
Format: md

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| 21.11.2009 | EN | Official Journal of the European Union | C 282/55 |

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Action brought on 24 September 2009 — Retractable Technologies. v OHIM — Abbott Laboratories (RT)

(Case T-371/09)

2009/C 282/103

Language in which the application was lodged: German

Parties

Applicant: Retractable Technologies, Inc. (Little Elm, Texas, United States of America) (represented by: K. Dröge, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Abbott Laboratories (Abbott Park IL, United States of America)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 July 2009 in Case R 1234/2008-4; |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Retractable Technologies, Inc.

Community trade mark concerned: The figurative mark ‘RT’ for goods in Class 10 (Application No 4 129 037)

Proprietor of the mark or sign cited in the opposition proceedings: Abbott Laboratories

Mark or sign cited in opposition: The Spanish word mark ‘RTH’ for goods in Class 10

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2009282EN.01005501-E0001), since there is no likelihood of confusion between the signs at issue.

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