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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)
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.
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:
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
The Court:
Dismisses the action;
Orders The Procter & Gamble Company to pay the costs.