CELEX: 62008TN0240
Language: en
Date: 2008-06-16 00:00:00
Title: Case T-240/08: Action brought on 16 June 2008 — Procter & Gamble v OHIM — Laboratorios Alcala Farma (oli)

15.8.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/60
            
         Action brought on 16 June 2008 — Procter & Gamble v OHIM — Laboratorios Alcala Farma (oli)
   (Case T-240/08)
   (2008/C 209/108)
   Language in which the application was lodged: English
   Parties
   
      Applicant: The Procter & Gamble Company (Cincinnati, United States) (represented by: N. Beckett and T. Scourfield, Solicitors)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Laboratorios Alcala Farma SL (Alcala de Henares, Spain).
   Form of order sought
   
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               Annul the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 April 2008 in case R 1481/2007-2 and of the Opposition Division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 July 2007 in opposition proceedings No B 893 216;
            
         
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               allow the applicant's opposition to the registration as a Community trade mark of the application dated 4 October 2004 for the figurative mark ‘oli’ for goods in classes 3 and 5;
            
         
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               order OHIM to refuse registration of the said application dated 4 October 2004: and
            
         
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               order the other parties hereto 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 ‘oli’ for goods in classes 3 and 5 — application No 4 059 176
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: The Community trade marks ‘OLAY’ for goods in classes 3 and 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 trade marks concerned are similar and the use of the trade mark applied for is likely to cause confusion.