CELEX: 62009TN0025
Language: en
Date: 2009-01-19 00:00:00
Title: Case T-25/09: Action brought on 19 January 2009 — Johnson & Johnson v OHIM — Simca (YourCare)

21.3.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 69/49
            
         Action brought on 19 January 2009 — Johnson & Johnson v OHIM — Simca (YourCare)
   (Case T-25/09)
   (2009/C 69/108)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Johnson & Johnson GmbH (Düsseldorf, Germany) (represented by: A. Gérard, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Simca Srl (Cesano Boscone (MI), Italy)
   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 6 November 2008 in case R 175/2008-1;
            
         
               —
            
            
               Allow the opposition and reject the trade mark application No 4 584 587 for the figurative mark ‘YourCare’; and
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The figurative mark ‘YourCare’, for goods in classes 3, 8 and 21
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: German trade mark registration No 2 913 574 of the word mark ‘Young Care’ for goods in classes 3 and 5; German trade mark registration No 30 416 018 of the figurative mark ‘bebe young care’ for goods and services in classes 3, 21 and 44; German trade mark registration No 30 414 452 of the word mark ‘Young Care’ for goods in class 21.
   
      Decision of the Opposition Division: Allowed the opposition in its entirety and rejected the Community trade mark application
   
      Decision of the Board of Appeal: Annulled the contested decision
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal wrongly assessed that there was no likelihood of confusion between the trade marks concerned; Infringement of Article 74(1) of Council Regulation 40/94 as the Board of Appeal failed to take into account factual evidence provided by the applicant.