Community trade mark Opposition proceedings Relative grounds for refusal 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) Application for Community figurative mark MANGO adorably Earlier national and international word marks J’ADORE and ADIORABLE Risk of unfair advantage being taken of the repute of the earlier marks
Sumário
Judgment of the Court of First Instance (First Chamber) of 15 September 2009.
Parfums Christian Dior v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark MANGO adorably - Earlier national and international word marks J’ADORE and ADIORABLE - Relative grounds for refusal - Likelihood of confusion - Risk of unfair advantage being taken of the repute of the earlier marks - 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-308/08.
Texto da decisão
Judgment of the Court of First Instance (First Chamber) of 15 September 2009 – Parfums Christian Dior v OHIM – Consolidated Artists (MANGO adorably)
(Case T-308/08)
Community trade mark – Opposition proceedings – Application for Community figurative mark MANGO adorably – Earlier national and international word marks J’ADORE and ADIORABLE – Relative grounds for refusal – Likelihood of confusion – Risk of unfair advantage being taken of the repute of the earlier marks – 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)
1. 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 49-50)
2. 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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions – Link between the marks (Council Regulation No 40/94, Art. 8(5)) (see paras 62-64)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 May 2008 (Case R 1162/2007‑2) relating to opposition proceedings between Parfums Christian Dior and Consolidated Artists BV. |
Information relating to the case
|
Applicant for the Community trade mark: |
Consolidated Artists BV |
|
Community trade mark sought: |
Figurative mark MANGO adorably for goods in Class 3 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Parfums Christian Dior |
|
Mark or sign cited in opposition: |
French trade mark registration No 33209849 of the word mark ADIORABLE for goods in Class 3; French trade mark registration No 94536564 of the word mark J’ADORE for various goods, amongst which goods in Class 3; international trade mark registration No 811001 of the word mark ADIORABLE for various goods, amongst which goods in Class 3; international trade mark registration No 687422 of the word mark J’ADORE for various goods, amongst which goods in Class 3 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Parfums Christian Dior to pay the costs. |