Judgment of the General Court (Seventh Chamber) of 16 December 2009 – GiordanoEnterprises v OHIM – Dias Magalhães & Filhos (GIORDANO)
(Case T-483/08)
Community trade mark – Opposition proceedings – Application for the Community word mark GIORDANO – Earlier national word mark GIORDANO – Relative ground for refusal – Likelihood of confusion – Partial refusal of registration – 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 19, 33)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 July 2008 (Case R 1864/2007-2) relating to opposition proceedings between José Dias Magalhães & Filhos lda. and Giordano Enterprises Ltd. |
Information relating to the case
Applicant for the Community trade mark: | Giordano Enterprises Ltd |
Community trade mark sought: | Word mark GIORDANO for goods in Classes 18 and 25 |
Proprietor of the mark or sign cited in the opposition proceedings: | José Dias Magalhães & Filhos lda. |
Mark or sign cited in opposition: | Portuguese word mark GIORDANO for goods in Class 25 (No 22534) |
Decision of the Opposition Division: | Opposition partially upheld |
Decision of the Board of Appeal: | Decision of the Opposition Division annulled in so far as it upheld the opposition in relation to certain goods in Class 18; appeal dismissed as to the reminder. |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Giordano Enterprises Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs). |