Community trade mark Opposition proceedings Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Relative grounds for refusal Likelihood of confusion Similarity of the signs Application for Community figurative mark BILLY'S Products Earlier Community and national word marks BYLY and byly
Sumário
Judgment of the General Court (Seventh Chamber) of 14 April 2010.
Laboratorios Byly, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark BILLY'S Products - Earlier Community and national word marks BYLY and byly - Relative grounds for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-514/08.
Texto da decisão
Judgment of the General Court (Seventh Chamber) of 14 April 2010 – Laboratorios Byly v OHIM – Ginis (BILLY’S Products)
(Case T-514/08)
Community trade mark – Opposition proceedings – Application for Community figurative mark BILLY’S Products – Earlier Community and national word marks BYLY and byly – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 22, 62)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 469/2008-2), concerning opposition proceedings between Laboratorios Byly SA and Vasileios Ginis. |
Information relating to the case
|
Applicant for the Community trade mark: |
Vasileios Ginis |
|
Community trade mark sought: |
Figurative mark BILLY’S Products for goods in Class 3 – Application No 4215273 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Laboratorios Byly, SA |
|
Mark or sign cited in opposition: |
Community word marks BYLY (Application No 156216) for goods in Class 3, and byly (Application No 2604015) for goods in Classes 3 and 5, and services in Class 35 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 September 2008 (Case R 469/2008-2); |
|
2. |
Orders OHIM to pay the costs. |