CELEX: 62008TJ0430
Community trade mark
Opposition proceedings
Application for Community word mark GRAIN MILLERS
Earlier national business name Grain Millers and its figurative representation
Partial refusal to register
Relative ground for refusal
Likelihood of confusion
Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 478/2007‑2), concerning
opposition proceedings between Grain Millers GmbH & Co. KG and Grain Millers, Inc.
Information relating to the case
Applicant for the Community trade mark:
Grain Millers, Inc.
Community trade mark sought:
Word mark GRAIN MILLERS for goods in Classes 29, 30 and 31 – application No 365 0256
Proprietor of the mark or sign cited in the opposition proceedings:
Grain Millers GmbH & Co. KG
Mark or sign cited in opposition:
German business designation GRAIN MILLERS and its figurative version
Decision of the Opposition Division:
Opposition dismissed in part
Decision of the Board of Appeal:
Appeal dismissed in part
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Grain Millers, Inc. to pay the costs.