CELEX: 62004TJ0039
Community trade mark
Opposition procedure
Application for the word and figurative trade mark O 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 3 November 2003 (Case R 394/2002-4) 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 O orsay for goods in Classes 23, 24 and 25 – Application No 1042613
Proprietor of the mark or sign cited in the opposition proceedings:
José Jiménez Arellano SA
Mark or sign cited in opposition:
Spanish and Portuguese figurative mark D’ORSAY, for goods primarily in Class 25
Decision of the Opposition Division:
Application for trade mark dismissed for goods (clothing; boots, shoes and slippers; headgear). Opposition dismissed as to
the remainder.
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Orsay GmbH to pay the costs.