Community trade mark Opposition proceedings Relative grounds for refusal Application for community word mark CARLO RONCATO Unregistered national figurative and word marks RV RONCATO and RONCATO Earlier national figurative and word marks RV RONCATO and RONCATO No likelihood of unfair advantage being taken of the distinctive character and repute of the earlier marks Due cause for the use of the mark applied for Article 8(4) and (5) of Regulation (EC) No 40/94 (now Article 8(4) and (5) of Regulation (EC) No 207/2009)
Sumário
Judgment of the General Court (Fourth Chamber) of 7 July 2010.
Valigeria Roncato SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for community word mark CARLO RONCATO - Unregistered national figurative and word marks RV RONCATO and RONCATO - Earlier national figurative and word marks RV RONCATO and RONCATO - No likelihood of unfair advantage being taken of the distinctive character and repute of the earlier marks - Due cause for the use of the mark applied for - Relative grounds for refusal - Article 8(4) and (5) of Regulation (EC) No 40/94 (now Article 8(4) and (5) of Regulation (EC) No 207/2009).
Case T-124/09.
Texto da decisão
Judgment of the General Court (Fourth Chamber) of 7 July 2010 – Valigeria Roncato v OHIM – Roncato (CARLO RONCATO)
(Case T-124/09)
Community trade mark – Opposition proceedings – Application for community word mark CARLO RONCATO – Unregistered national figurative and word marks RV RONCATO and RONCATO – Earlier national figurative and word marks RV RONCATO and RONCATO – No likelihood of unfair advantage being taken of the distinctive character and repute of the earlier marks – Due cause for the use of the mark applied for – Relative grounds for refusal – Article 8(4) and (5) of Regulation (EC) No 40/94 (now Article 8(4) and (5) of Regulation (EC) No 207/2009)
1. Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the holder of an unregistered mark or other sign used in trade – Conditions (Council Regulation No 40/94, Art. 8(4)) (see para. 18)
2. 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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions – Taking unfair advantage of the distinctive character or repute of the earlier mark (Council Regulation No 40/94, Art. 8(5)) (see paras 45, 47-51)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 23 January 2009 (Cases R 237/2008 1 and R 236/2008 1) relating to opposition proceedings between Valigeria Roncato SpA and Roncato Srl. |
Information relating to the case
|
Applicant for the Community trade mark: |
Roncato Srl |
|
Community trade mark sought: |
Word mark CARLO RONCATO for goods in Classes 3, 9 and 14 – Application No 4631719 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Valigeria Roncato SpA |
|
Mark or sign cited in opposition: |
Italian figurative mark RV RONCATO (No 622773), Italian word mark RONCATO (No 510528) and non‑registered Italian figurative marks RV RONCATO |
|
Decision of the Opposition Division: |
Opposition upheld in part |
|
Decision of the Board of Appeal: |
Opposition dismissed; Application for registration upheld in its entirety |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Valigeria Roncato SpA to pay the costs. |