Action brought on 19 January 2009 - Johnson & Johnson v OHIM - Simca (YourCare)

(Case T-25/09)

Language in which the application was lodged: English

Parties

Applicant: Johnson & Johnson GmbH (Düsseldorf, Germany) (represented by: A. Gérard, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Simca Srl (Cesano Boscone (MI), Italy)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 November 2008 in case R 175/2008-1;

Allow the opposition and reject the trade mark application No 4 584 587 for the figurative mark "YourCare"; and

Order the defendant 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 "YourCare", for goods in classes 3, 8 and 21

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: German trade mark registration No 2 913 574 of the word mark "Young Care" for goods in classes 3 and 5; German trade mark registration No 30 416 018 of the figurative mark "bebe young care" for goods and services in classes 3, 21 and 44; German trade mark registration No 30 414 452 of the word mark "Young Care" for goods in class 21.

Decision of the Opposition Division: Allowed the opposition in its entirety and rejected the Community trade mark application

Decision of the Board of Appeal: Annulled the contested decision

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal wrongly assessed that there was no likelihood of confusion between the trade marks concerned; Infringement of Article 74(1) of Council Regulation 40/94 as the Board of Appeal failed to take into account factual evidence provided by the applicant.

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