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) No40/94
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 10February 2005 (Case R411/2004‑1) 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 No796557 |
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 R411/2004‑1); |
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. |