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Document 62009TN0371

    Case T-371/09: Action brought on 24 September 2009 — Retractable Technologies. v OHIM — Abbott Laboratories (RT)

    SL C 282, 21.11.2009, p. 55–55 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    21.11.2009   

    EN

    Official Journal of the European Union

    C 282/55

    Action brought on 24 September 2009 — Retractable Technologies. v OHIM — Abbott Laboratories (RT)

    (Case T-371/09)

    2009/C 282/103

    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).

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