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Case T-149/08: Action brought on 18 April 2008 — Abbott Laboratories v OHIM — aRigen (Sorvir)
ECLI:EU:UNKNOWN:62008TN0149
62008TN0149
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7.6.2008
Official Journal of the European Union
C 142/36
(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.