CELEX: 62009TJ0169
Community trade mark
Opposition proceedings
Application for Community word mark GOTHA
Earlier Community figurative mark gotcha
Relative ground for refusal
Likelihood of confusion
Similarity of the signs
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 First Board of Appeal of OHIM of 12 February 2009 (Case R 657/2008-1), relating
to opposition proceedings between Perry Ellis International Group Holdings, Ltd and Vidieffe Srl.
Information relating to the case
Applicant for the Community trade mark:
Vidieffe Srl
Community trade mark sought:
Word mark GOTHA for goods in Classes 18 and 25 – Application No 3665957
Proprietor of the mark or sign cited in the opposition proceedings:
Perry Ellis International Group Holdings, Ltd
Mark or sign cited in opposition:
Figurative Community trade mark gotcha (No 2896199) for goods in Classes 3, 18 and 25
Decision of the Opposition Division:
Opposition dismissed in its entirety
Decision of the Board of Appeal:
Appeal partially upheld
Operative part
The Court:
1.
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 12 February 2009 (Case R 657/2008-1), in so far as it annuls the decision of the Opposition Division, inasmuch as
that decision rejected the opposition, first, in respect of ‘[leather and imitations of leather] goods (not included in other
classes); trunks and travelling bags; umbrellas, parasols and walking sticks’ in Class 18 and, second, in respect of all the
goods in Class 25;
2.
Dismisses the action as to the remainder;
3.
Orders OHIM to bear its own costs and pay those incurred by Vidieffe Srl.