CELEX: 62008TJ0240
Language: en
Date: 2009-07-08
Title: Judgment of the Court of First Instance (Sixth Chamber) of 8 July 2009. # The Procter & Gamble Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the figurative Community mark oli - Earlier Community word marks OLAY - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-240/08.

Judgment of the Court of First Instance (Sixth Chamber) of 8 July 2009 – Procter & Gamble v OHIM – Laboratorios Alcala Farma
            (oli)
      (Case T-240/08)
      Community trade mark – Opposition proceedings – Application for the figurative Community mark oli – Earlier Community word marks OLAY – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
      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 40/94, Art. 8(1)(b)) (see paras 28, 45, 54)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 2 April 2008 (Case R 1481/2007-2), relating to
                  opposition proceedings between The Procter & Gamble Company and Laboratorios Alcala Farma, SL.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Laboratorios Alcala Farma, SL
            
         
               Community trade mark sought:
            
            
               The figurative mark oli for goods in Classes 3 and 5 – Application No 4059176
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               The Procter & Gamble Company
            
         
               Mark or sign cited in opposition:
            
            
               The Community trade marks OLAY for goods in Classes 3 and 5
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed 
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      1.      Dismisses the action;
      2.      Orders The Procter & Gamble Company to pay the costs.