CELEX: 62009TN0371
Language: en
Date: 2009-09-24 00:00:00
Title: Case T-371/09: Action brought on 24 September 2009 — Retractable Technologies. v OHIM — Abbott Laboratories (RT)

21.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 282/55
            
         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
   
   
               —
            
            
               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), since there is no likelihood of confusion between the signs at issue.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).