CELEX: 62008TJ0514
Community trade mark
Opposition proceedings
Application for Community figurative mark BILLY'S Products
Earlier Community and national word marks BYLY and byly
Relative grounds 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 Second Board of Appeal of OHIM of 15 September 2008 (Case R 469/2008-2), concerning
opposition proceedings between Laboratorios Byly SA and Vasileios Ginis.
Information relating to the case
Applicant for the Community trade mark:
Vasileios Ginis
Community trade mark sought:
Figurative mark BILLY’S Products for goods in Class 3 – Application No 4215273
Proprietor of the mark or sign cited in the opposition proceedings:
Laboratorios Byly, SA
Mark or sign cited in opposition:
Community word marks BYLY (Application No 156216) for goods in Class 3, and byly (Application No 2604015) for goods in Classes
3 and 5, and services in Class 35
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 15 September 2008 (Case R 469/2008-2);
2.
Orders OHIM to pay the costs.