Community trade mark Opposition proceedings Relative ground for refusal Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Application for Community word mark GALVALLOY Earlier national word mark GALVALLIA
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 14 February 2008.
Usinor SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark GALVALLOY - Earlier national word mark GALVALLIA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-189/05.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 14 February 2008 – Usinor v OHIM – Corus UK (GALVALLOY)
(Case T-189/05)
Community trade mark – Opposition proceedings – Application for Community word mark GALVALLOY – Earlier national word mark GALVALLIA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94
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 69, 71-72)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 10 February 2005 (Case R 411/2004‑1) in respect of opposition proceedings between Usinor SA and Corus UK Ltd. |
Information relating to the case
|
Applicant for the Community trade mark: |
Corus UK Ltd |
|
Community trade mark sought: |
Word mark GALVALLOY for goods in Class 6 – Application No 796557 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Usinor SA |
|
Mark or sign cited in opposition: |
National word mark GALVALLIA for goods in Class 6 |
|
Decision of the Opposition Division: |
Refusal of registration |
|
Decision of the Board of Appeal: |
Decision of the Opposition Division set aside |
Operative part
The Court:
|
1. |
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 February 2005 (Case R 411/2004‑1); |
|
2. |
Orders OHIM to bear its own costs and to pay those incurred by Usinor SA; |
|
3. |
Orders Corus UK Ltd to bear its own costs. |