CELEX: 62005TJ0097
Community trade mark
Opposition proceedings
Application for Community word mark MARCOROSSI
Earlier national and international word marks MISS ROSSI
Earlier Community word mark SERGIO ROSSI
Relative ground for refusal
Likelihood of confusion

ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 226/2003‑2) concerning
opposition proceedings between Sergio Rossi SpA and Marcorossi Srl.
Information relating to the case
Applicant for the Community trade mark:
Marcorossi Srl
Community trade mark sought:
Word mark MARCOROSSI (Application No 1.405.869 for goods in Classes 18 and 25)
Proprietor of the mark or sign cited in the opposition proceedings:
Sergio Rossi SpA
Mark or sign cited in opposition:
MISS ROSSI (Italian and international mark), for goods in Class 25, SERGIO ROSSI (Italian mark), for goods in Class 25, and
SERGIO ROSSI (Community trade mark), for goods in Classes 3, 18 and 25
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal allowed and opposition rejected
Operative part
The Court:
1.
Dismisses the action;
2.
Orders the applicant to pay the costs incurred by the intervener and to bear its own costs;
3.
Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs.