CELEX: 62004TJ0378
Community trade mark
Opposition procedure
Application for the word and figurative trade mark Orsay
Earlier national word and figurative trade mark D'ORSAY
Ground for refusal
Risk of confusion
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 June 2004 (Case R 909/2002-4) concerning an
opposition procedure between José Jiménez Arellano S.A. and Orsay GmbH.
Information relating to the case
Applicant for the Community trade mark:
Orsay GmbH
Community trade mark sought:
Word and figurative mark Orsay for goods in Classes 23, 24 and 25 – Application No 1042605
Proprietor of the mark or sign cited in the opposition proceedings:
José Jiménez Arellano, SA
Mark or sign cited in opposition:
National word and figurative mark D’ORSAY
Decision of the Opposition Division:
Refusal of registration
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Orsay GmbH to pay the costs.