Judgment of the Court of First Instance (Sixth Chamber) of 8 July 2009 – Procter & Gamble v OHIM – Laboratorios Alcala Farma (oli)

(Case T-240/08)

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)

Re:

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.

Information relating to the case

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:	The Procter & Gamble Company
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

Operative part

The Court:

1.      Dismisses the action;

2.      Orders The Procter & Gamble Company to pay the costs.