Source: EURLEX
Language: en
Format: md

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| 5.7.2008 | EN | Official Journal of the European Union | C 171/40 |

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

(Case T-159/08)

(2008/C 171/77)

Language in which the application was lodged: English

Parties

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)

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

Form of order sought

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| — | 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; |

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

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

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| — | 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 Regulation No 40/94 as there is no likelihood of confusion between the two trade marks subject to comparison.

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