Community trade mark Opposition procedure Article 8(1)(b) of Regulation (EC) No 40/94 Ground for refusal Risk of confusion Application for the word and figurative trade mark O orsay Earlier national word and figurative trade mark D’ORSAY
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 O 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-39/04.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 14 February 2008 – Orsay v OHIM – Jiménez Arellano (O orsay)
(Case T-39/04)
Community trade mark – Opposition procedure – Application for the word and figurative trade mark O 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 49, 52-55)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 November 2003 (Case R 394/2002-4) 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 |
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Community trade mark sought: |
Word and figurative mark O orsay for goods in Classes 23, 24 and 25 – Application No 1042613 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
José Jiménez Arellano SA |
|
Mark or sign cited in opposition: |
Spanish and Portuguese figurative mark D’ORSAY, for goods primarily in Class 25 |
|
Decision of the Opposition Division: |
Application for trade mark dismissed for goods (clothing; boots, shoes and slippers; headgear). Opposition dismissed as to the remainder. |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Orsay GmbH to pay the costs. |