Judgment of the General Court (Fifth Chamber) of 21 January 2010 – G-Star Raw Denim v OHIM – ESGW (G Stor)
(Case T-309/08)
Community trade mark – Opposition proceedings – Application for the Community figurative mark G Stor – Earlier national and Community word and figurative marks G-STAR and G-STAR RAW DENIM – Relative ground for refusal – Absence of similarity between the marks – Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) 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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see paras 25, 36, 38)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 14 April 2008 (R 1232/2007-1), relating to opposition proceedings between G‑Star Raw Denim kft and ESGW Holdings Ltd. |
Information relating to the case
Applicant for the Community trade mark: | ESWG Holdings Ltd |
Community trade mark sought: | The figurative mark ‘G Stor’ for goods in Class 9 |
Proprietor of the mark or sign cited in the opposition proceedings: | G-Star Raw Denim kft |
Mark or sign cited in opposition: | Benelux trade mark registration No 545551 of the word mark ‘G‑STAR’ for goods in Class 25; Community trade mark registration No 3445401 of the word/figurative mark ‘G‑STAR’ for goods in Classes 9 and 25; Community trade mark registration No 3444262 of the word mark ‘G‑Star’ for goods in Classes 9 and 25; earlier well‑known trade mark ‘G‑Star’ protected in various countries for goods in Class 25; Community trade mark registration No 3444171 of the mark ‘G‑STAR RAW DENIM’ for goods in Classes 9 and 35; Netherlands trade name G‑Star International BV |
Decision of the Opposition Division: | Opposition upheld; application dismissed in its entirety |
Decision of the Board of Appeal: | Contested decision annulled; opposition dismissed |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders G-Star Raw Denim kft to pay the costs. |