Judgment of the General Court of 22 May 2012 - Retractable Technologies v OHIM - Abbott Laboratories (RT)
(Case T-371/09)
(Community trade mark - Opposition Procedure - Application for figurative Community mark FT - Earlier national word mark RTH - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Retractable Technologies (Little Elms, Texas, USA) (represented by: K. Dröge, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented initially by C. Jenewein, then by G. Schneider and D. Walicka, agents)
Other party to the proceedings before the Board of Appeal of OHIM: Abbott Laboratories (Abbot Park, Illinois, USA)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 July 2009 (Case R 1234/2008-4) concerning opposition proceedings between Abbott Laboratories and Retractable Technologies, Inc.
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders Retractable Technologies to pay the costs.
____________1 - OJ C 282, 21.11.2009.