Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 19.12.2009 | EN | Official Journal of the European Union | C 312/36 |

---

Action brought on 14 October 2009 — Henkel v OHIM — JLO Holding (LIVE)

(Case T-414/09)

2009/C 312/59

Language in which the application was lodged: German

Parties

Applicant: Henkel AG & Co. KGaA (Düsseldorf, Germany) (represented by: C. Milbradt, 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: JLO Holding Company LLC (Santa Monica, United States of America)

Form of order sought

|  |  |
| --- | --- |
| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 July 2009 in case R 609/2008-1 insofar as it made an order for revocation of the Community trade mark No 984 245‘LIVE’ for the goods, soaps, perfumery, cosmetic products and make-up; |

|  |  |
| --- | --- |
| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘LIVE’ for goods in Class 3 (Community trade mark No 984 245)

Proprietor of the Community trade mark: Henkel AG & Co. KGaA

Applicant for the declaration of invalidity: JLO Holding Company LLC

Decision of the Cancellation Division: Partial revocation of the Community trade mark

Decision of the Board of Appeal: Partial annulment of the Cancellation Division's decision and partial revocation of the Community trade mark

Pleas in law: Infringement of Articles 51(1)(a) and Article 51(2) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2009312EN.01003601-E0001), on the ground that it was proved that the trade mark at issue in the proceedings had been used in such a way as to preserve the rights of the proprietor for the product group, soups, perfumery, cosmetic products and make-up

---

[Top](#document1)