CELEX: 62009TN0414
Language: en
Date: 2009-10-14 00:00:00
Title: Case T-414/09: Action brought on 14 October 2009 — Henkel v OHIM — JLO Holding (LIVE)

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), 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
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).