CELEX: 62008TJ0309
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)

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.