CELEX: 62010TJ0107
Language: en
Date: 2011-09-29
Title: Judgment of the General Court (Sixth Chamber) of 29 September 2011. # Procter & Gamble Manufacturing Cologne GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark NATURAVIVA - Earlier Community word mark VIVA - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009 - No similarity of the signs. # Case T-107/10.

Judgment of the General Court (Sixth Chamber) of 29 September 2011 – Procter & Gamble Manufacturing Cologne v OHIM – Natura
            Cosméticos (NATURAVIVA)
      (Case T-107/10)
      Community trade mark – Opposition proceedings – Application for Community word mark NATURAVIVA – Earlier Community word mark VIVA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009 – No similarity of the signs
      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 207/2009, Art. 8(1)(b)) (see paras 24, 46, 50-51, 56)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 November 2009 (Case R 1558/2008‑2) concerning
                  opposition proceedings between Procter & Gamble Manufacturing Cologne GmbH and Natura Cosméticos, SA.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Procter & Gamble Manufacturing Cologne GmbH to pay the costs.