Judgment of the General Court of 29 September 2011 - Procter & Gamble Manufacturing Cologne v OHIM - Natura Cosméticos (NATURAVIVA)
(Community trade mark - Opposition proceedings - Application for Community word mark NATURAVIVA - Earlier Community word mark VIVA - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009 - No similarity of the signs)
Language of the case: English
Parties
Applicant: Procter & Gamble Manufacturing Cologne GmbH (Cologne, Germany) (represented by: K. Sandberg, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Natura Cosméticos, SA (São Paulo, Brazil) (represented by: C. Bercial Arias, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 23 November 2009 (Case R 1558/2008-2) concerning opposition proceedings between Procter & Gamble Manufacturing Cologne GmbH and Natura Cosméticos, SA.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Procter & Gamble Manufacturing Cologne GmbH to pay the costs.
____________1 - OJ C 134, 22.5.2010.