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 GIORDANO Earlier national word mark GIORDANO Partial refusal of registration
Sumário
Judgment of the General Court (Seventh Chamber) of 16 December 2009.
Giordano Enterprises Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community word mark GIORDANO - Earlier national word mark GIORDANO - Relative ground for refusal - Likelihood of confusion - Partial refusal of registration - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-483/08.
Texto da decisão
Judgment of the General Court (Seventh Chamber) of 16 December 2009 – Giordano Enterprises v OHIM – Dias Magalhães & Filhos (GIORDANO)
(Case T-483/08)
Community trade mark – Opposition proceedings – Application for the Community word mark GIORDANO – Earlier national word mark GIORDANO – Relative ground for refusal – Likelihood of confusion – Partial refusal of registration – 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 19, 33)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 July 2008 (Case R 1864/2007-2) relating to opposition proceedings between José Dias Magalhães & Filhos lda. and Giordano Enterprises Ltd. |
Information relating to the case
|
Applicant for the Community trade mark: |
Giordano Enterprises Ltd |
|
Community trade mark sought: |
Word mark GIORDANO for goods in Classes 18 and 25 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
José Dias Magalhães & Filhos lda. |
|
Mark or sign cited in opposition: |
Portuguese word mark GIORDANO for goods in Class 25 (No 22534) |
|
Decision of the Opposition Division: |
Opposition partially upheld |
|
Decision of the Board of Appeal: |
Decision of the Opposition Division annulled in so far as it upheld the opposition in relation to certain goods in Class 18; appeal dismissed as to the reminder. |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Giordano Enterprises Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs). |