Community trade mark Opposition procedure Article 8(1)(b) of Regulation (EC) No 40/94 Application for the word and figurative trade mark Orsay Earlier national word and figurative trade mark D'ORSAY Ground for refusal Risk of confusion
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 14 February 2008.
Orsay GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition procedure - Application for the word and figurative trade mark Orsay - Earlier national word and figurative trade mark D'ORSAY - Ground for refusal - Risk of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-378/04.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 14 February 2008 – Orsay v OHIM – Jiménez Arellano (Orsay)
(Case T-378/04)
Community trade mark – Opposition procedure – Application for the word and figurative trade mark Orsay – Earlier national word and figurative trade mark D'ORSAY – Ground for refusal – Risk 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 43-45)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 June 2004 (Case R 909/2002-4) concerning an opposition procedure between José Jiménez Arellano S.A. and Orsay GmbH. |
Information relating to the case
|
Applicant for the Community trade mark: |
Orsay GmbH |
|
Community trade mark sought: |
Word and figurative mark Orsay for goods in Classes 23, 24 and 25 – Application No 1042605 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
José Jiménez Arellano, SA |
|
Mark or sign cited in opposition: |
National word and figurative mark D’ORSAY |
|
Decision of the Opposition Division: |
Refusal of registration |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Orsay GmbH to pay the costs. |