Community trade mark Opposition proceedings Relative ground for refusal Likelihood of confusion Partial refusal to register Application for Community word mark GRAIN MILLERS Earlier national business name Grain Millers and its figurative representation Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009)
Sumário
Judgment of the General Court (Seventh Chamber) of 9 July 2010.
Grain Millers, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark GRAIN MILLERS - Earlier national business name Grain Millers and its figurative representation - Partial refusal to register - Relative ground for refusal - Likelihood of confusion - Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009).
Case T-430/08.
Texto da decisão
Judgment of the General Court (Seventh Chamber) of 9 July 2010 – Grain Millers v OHIM – Grain Millers (GRAIN MILLERS)
(Case T-430/08)
Community trade mark – Opposition proceedings – Application for Community word mark GRAIN MILLERS – Earlier national business name Grain Millers and its figurative representation – Partial refusal of registration – Relative ground for refusal – Likelihood of confusion – Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009)
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 – Use of the sign in trade – Meaning (Council Regulation No 40/94, Art. 8(4)) (see para. 28)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 478/2007‑2), concerning opposition proceedings between Grain Millers GmbH & Co. KG and Grain Millers, Inc. |
Information relating to the case
|
Applicant for the Community trade mark: |
Grain Millers, Inc. |
|
Community trade mark sought: |
Word mark GRAIN MILLERS for goods in Classes 29, 30 and 31 – application No 365 0256 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Grain Millers GmbH & Co. KG |
|
Mark or sign cited in opposition: |
German business designation GRAIN MILLERS and its figurative version |
|
Decision of the Opposition Division: |
Opposition dismissed in part |
|
Decision of the Board of Appeal: |
Appeal dismissed in part |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Grain Millers, Inc. to pay the costs. |