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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
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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; |
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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).