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 No1042605 |
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. |