CELEX: 62008TJ0483
Community trade mark
Opposition proceedings
Application for the Community word mark GIORDANO
Earlier national word mark GIORDANO
Relative ground for refusal
Likelihood of confusion
Partial refusal of registration
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 July 2008 (Case R 1864/2007-2) relating to
opposition proceedings between José Dias Magalhães & Filhos lda. and Giordano Enterprises Ltd.
Information relating to the case
Applicant for the Community trade mark:
Giordano Enterprises Ltd
Community trade mark sought:
Word mark GIORDANO for goods in Classes 18 and 25
Proprietor of the mark or sign cited in the opposition proceedings:
José Dias Magalhães & Filhos lda.
Mark or sign cited in opposition:
Portuguese word mark GIORDANO for goods in Class 25 (No 22534)
Decision of the Opposition Division:
Opposition partially upheld
Decision of the Board of Appeal:
Decision of the Opposition Division annulled in so far as it upheld the opposition in relation to certain goods in Class 18;
appeal dismissed as to the reminder.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Giordano Enterprises Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal
Market (Trade Marks and Designs).