Judgment of the General Court (Sixth Chamber) of 29 September 2011 – Procter & Gamble Manufacturing Cologne v OHIM – Natura Cosméticos (NATURAVIVA)

(Case T-107/10)

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

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 207/2009, Art. 8(1)(b)) (see paras 24, 46, 50-51, 56)

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

The Court:

1. Dismisses the action;

2. Orders Procter & Gamble Manufacturing Cologne GmbH to pay the costs.