Action brought on 18 April 2008 - Abbott Laboratories v OHIM - aRigen (Sorvir)

(Case T-149/08)

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.

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