21.3.2009
EN
Official Journal of the European Union
C 69/49
Action brought on 19 January 2009 — Johnson & Johnson v OHIM — Simca (YourCare)
(Case T-25/09)
(2009/C 69/108)
Language in which the application was lodged: English
Parties
Applicant: Johnson & Johnson GmbH (Düsseldorf, Germany) (represented by: A. Gérard, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Simca Srl (Cesano Boscone (MI), Italy)
Form of order sought
—
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 November 2008 in case R 175/2008-1;
—
Allow the opposition and reject the trade mark application No 4 584 587 for the figurative mark ‘YourCare’; and
—
Order the defendant to pay the costs.
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 figurative mark ‘YourCare’, for goods in classes 3, 8 and 21
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited: German trade mark registration No 2 913 574 of the word mark ‘Young Care’ for goods in classes 3 and 5; German trade mark registration No 30 416 018 of the figurative mark ‘bebe young care’ for goods and services in classes 3, 21 and 44; German trade mark registration No 30 414 452 of the word mark ‘Young Care’ for goods in class 21.
Decision of the Opposition Division: Allowed the opposition in its entirety and rejected the Community trade mark application
Decision of the Board of Appeal: Annulled the contested decision
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal wrongly assessed that there was no likelihood of confusion between the trade marks concerned; Infringement of Article 74(1) of Council Regulation 40/94 as the Board of Appeal failed to take into account factual evidence provided by the applicant.
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