Community trade mark Opposition proceedings Relative ground for refusal Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Likelihood of confusion Application for the Community word mark James Jones Earlier Community word mark JACK & JONES
Sumário
Judgment of the General Court (First Chamber) of 23 February 2010.
Rahmi Özdemir v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community word mark James Jones - Earlier Community word mark JACK & JONES - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-11/09.
Texto da decisão
Judgment of the General Court (First Chamber) of 23 February 2010 – Özdemir v OHIM – Aktieselskabet af 21. november 2001 (James Jones)
(Case T-11/09)
Community trade mark – Opposition proceedings – Application for the Community word mark James Jones – Earlier Community word mark JACK & JONES – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 21, 38)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 November 2008 (Case R 858/2007-2), concerning opposition proceedings between Aktieselskabet af 21. november 2001 and Mr Rahmi Özdemir. |
Information relating to the case
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Applicant for the Community trade mark: |
Rahmi Özdemir |
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Community trade mark sought: |
Word mark James Jones for goods in Class 25 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Aktieselskabet af 21. november 2001 |
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Mark or sign cited in opposition: |
Community trade mark registration No 1107747 of the word mark JACK & JONES for goods in Classes 3, 18 and 25; United Kingdom trade mark registration No 2063437 of the word mark JACK & JONES for goods in Class 25; Benelux trade mark registration No 474622 of the word mark JACK & JONES for goods in Class 25; Denmark trade mark registration No VR 1990 06569 of the word mark JACK & JONES for goods in Class 25 |
|
Decision of the Opposition Division: |
Opposition upheld |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Mr Rahmi Özdemir to pay the costs. |