CELEX: 62009TJ0124
Community trade mark
Opposition proceedings
Application for community word mark CARLO RONCATO
Unregistered national figurative and word marks RV RONCATO and RONCATO
Earlier national figurative and word marks RV RONCATO and RONCATO
No likelihood of unfair advantage being taken of the distinctive character and repute of the earlier marks
Due cause for the use of the mark applied for
Relative grounds for refusal
Article 8(4) and (5) of Regulation (EC) No 40/94 (now Article 8(4) and (5) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the First Board of Appeal of OHIM of 23 January 2009 (Cases R 237/2008 1 and R 236/2008 1)
relating to opposition proceedings between Valigeria Roncato SpA and Roncato Srl.
Information relating to the case
Applicant for the Community trade mark:
Roncato Srl
Community trade mark sought:
Word mark CARLO RONCATO for goods in Classes 3, 9 and 14 – Application No 4631719
Proprietor of the mark or sign cited in the opposition proceedings:
Valigeria Roncato SpA
Mark or sign cited in opposition:
Italian figurative mark RV RONCATO (No 622773), Italian word mark RONCATO (No 510528) and non‑registered Italian figurative
marks RV RONCATO
Decision of the Opposition Division:
Opposition upheld in part
Decision of the Board of Appeal:
Opposition dismissed; Application for registration upheld in its entirety
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Valigeria Roncato SpA to pay the costs.