CELEX: 62008TN0149
Language: en
Date: 2008-04-18 00:00:00
Title: Case T-149/08: Action brought on 18 April 2008 — Abbott Laboratories v OHIM — aRigen (Sorvir)

7.6.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 142/36
            
         Action brought on 18 April 2008 — Abbott Laboratories v OHIM — aRigen (Sorvir)
   (Case T-149/08)
   (2008/C 142/66)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Abbott Laboratories (Abbott Park, United States) (represented by: S. Schäffler, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: aRigen, Inc. (Tokyo, Japan)
   Form of order sought
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 February 2008 in case R 809/2007-2; and
            
         
               —
            
            
               order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: aRigen, Inc
   
      Community trade mark concerned: The word mark ‘Sorvir’ for goods in class 5 — application No 004 455 507
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: The word mark ‘NORVIR’ for goods in class 5
   
      Decision of the Opposition Division: Rejection of the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the marks in question are similar and thus likely to cause confusion.