Action brought on 3 March 2010 - Procter & Gamble Manufacturing Cologne v OHIM - Natura Cosméticos (NATURAVIVA)

(Case T-107/10)

Language in which the application was lodged: 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)

Other party to the proceedings before the Board of Appeal: Natura Cosméticos, SA (Itapecerica da Serra, Brazil)

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 23 November 2009 in case R 1558/2008-2;

Order the defendant to pay the costs of the proceedings; and

Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings before the defendant.

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 word mark "NATURAVIVA", for goods and services in classes 3, 5 and 44

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

Mark or sign cited: German trade mark registrations of the mark "VIVA", for goods in class 3; Community trade mark registration of the mark "VIVA", for goods in class 3

Decision of the Opposition Division: Rejected the Community trade mark application in its entirety

Decision of the Board of Appeal: Upheld the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly found that there was no likelihood of confusion between the trade marks concerned.

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