Community trade mark Opposition proceedings Relative ground for refusal No likelihood of confusion Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009) Lack of similarity between the signs Application for Community figurative mark Gallecs Earlier national and Community figurative marks GALLO, GALLO AZEITE NOVO, GALLO AZEITE
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009.
Victor Guedes - Indústria e Comércio, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark Gallecs - Earlier national and Community figurative marks GALLO, GALLO AZEITE NOVO, GALLO AZEITE - Relative ground for refusal - No likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009).
Case T-151/08.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Guedes – Indústria e Comércio v OHIM – Espai Rural de Gallecs (Gallecs)
(Case T-151/08)
Community trade mark – Opposition proceedings – Application for Community figurative mark Gallecs – Earlier national and Community figurative marks GALLO, GALLO AZEITE NOVO, GALLO AZEITE – Relative ground for refusal – No likelihood of confusion – Lack of similarity between the signs – Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) 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 34-35, 50-56)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 January 2008 (Case R 986/2007-2) relating to opposition proceedings between Victor Guedes – Indústria e Comércio SA and Consorci de l’Espai Rural de Gallecs. |
Information relating to the case
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Applicant for the Community trade mark: |
Consorci de l’Espai Rural de Gallecs |
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Community trade mark sought: |
Figurative mark GALLECS for goods in Classes 29 and 31 – Application No 3710597 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Victor Guedes – Indústria e Comércio, SA |
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Mark or sign cited in opposition: |
The national figurative mark GALLO for goods in Class 29; the national figurative mark GALLO AZEITE NOVO for goods in Class 29; the national figurative mark AZEITE GALLO for goods in Class 29; the national mark GALLO AZEITE NOVO for goods in Class 29; the Community figurative mark GALLO for goods in Class 29 |
|
Decision of the Opposition Division: |
Opposition dismissed |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Victor Guedes – Indústria e Comércio SA to pay the costs. |