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22.5.2010 |
EN |
Official Journal of the European Union |
C 134/38 |
Action brought on 3 March 2010 — Procter & Gamble Manufacturing Cologne v OHIM — Natura Cosméticos (NATURAVIVA)
(Case T-107/10)
2010/C 134/66
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
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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; |
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Order the defendant to pay the costs of the proceedings; and |
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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.