Action brought on 24 September 2009 - Retractable Technologies. v OHIM - Abbott Laboratories (RT)
(Case T -371/09)
Language in which the application was lodged: German
Parties
Applicant: Retractable Technologies, Inc. (Little Elm, Texas, United States of America) (represented by: K. Dröge, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Abbott Laboratories (Abbott Park IL, United States of America)
Form of order sought
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 July 2009 in Case R 1234/2008-4;
order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Retractable Technologies, Inc.
Community trade mark concerned: The figurative mark 'RT' for goods in Class 10 (Application No 4 129 037)
Proprietor of the mark or sign cited in the opposition proceedings: Abbott Laboratories
Mark or sign cited in opposition: The Spanish word mark 'RTH' for goods in Class 10
Decision of the Opposition Division: Opposition upheld in part
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009
1, since there is no likelihood of confusion between the signs at issue.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).