Action brought on 16 June 2008 - Procter & Gamble v OHIM - Laboratorios Alcala Farma (oli)

(Case T-240/08)

Language in which the application was lodged: English

Parties

Applicant: The Procter & Gamble Company (Cincinnati, United States) (represented by: N. Beckett and T. Scourfield, Solicitors)

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

Other party to the proceedings before the Board of Appeal: Laboratorios Alcala Farma SL (Alcala de Henares, Spain).

Form of order sought

Annul the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 April 2008 in case R 1481/2007-2 and of the Opposition Division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 July 2007 in opposition proceedings No B 893 216;

allow the applicant's opposition to the registration as a Community trade mark of the application dated 4 October 2004 for the figurative mark "oli" for goods in classes 3 and 5;

order OHIM to refuse registration of the said application dated 4 October 2004: and

order the other parties hereto 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 "oli" for goods in classes 3 and 5 - application No 4 059 176

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

Mark or sign cited: The Community trade marks "OLAY" for goods in classes 3 and 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 trade marks concerned are similar and the use of the trade mark applied for is likely to cause confusion.

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