Judgment of the General Court (Third Chamber) of 19 March 2010 – Mirto Corporación Empresarial v OHIM – Maglificio Barbara (Mirtillino)
(Case T-427/07)
Community trade mark – Opposition proceedings – Application for Community figurative mark Mirtillino – Earlier Community word mark MIRTO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) 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 40‑42, 81)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 August 2007 (Case R875/2006-2), relating to opposition proceedings between Creaciones Mirto SA and Maglificio Barbara Srl. |
Information relating to the case
Applicant for the Community trade mark: | Maglificio Barbara Srl |
Community trade mark sought: | Figurative mark Mirtillino for goods in Classes 3, 18 and 25 – application No 3252467 |
Proprietor of the mark or sign cited in the opposition proceedings: | Creaciones Mirto, SA; the applicant following transfer of the marks at issue in the opposition proceedings |
Mark or sign cited in opposition: | Word mark MIRTO (Community trade mark No 1653351) for goods in Classes 3, 18 and 25 and various other national word and figurative marks MIRTO |
Decision of the Opposition Division: | Opposition partly upheld |
Decision of the Board of Appeal: | Annulment of the decision under appeal and dismissal of the opposition |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Mirto Corporación Empresarial, SL to pay the costs. |