CELEX: 62009TJ0422
Community trade mark
Opposition proceedings
Application for Community figurative mark BAHIANAS LAS ORIGINALES
Earlier Community and national figurative trade marks havaianas and earlier national word mark HAVAIANAS
Relative ground for refusal
Likelihood of confusion
Similarity of signs
Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 August 2009 (Case R 1477/2008-2), concerning
opposition proceedings between São Paulo Alpargatas, SA and Enrique Fischer.
Information relating to the case
Applicant for the Community trade mark:
Enrique Fischer
Community trade mark sought:
Figurative mark containing the word component BAHIANAS LAS ORIGINALES for goods in Class 25 – Application No 5024591
Proprietor of the mark or sign cited in the opposition proceedings:
São Paulo Alpargatas, SA
Mark or sign cited in opposition:
Community figurative mark containing the word component havaianas (No 3772431), Spanish figurative mark containing the word
component havaianas (M2341904) and Spanish word mark HAVAIANAS (M2341905), all for goods in Class 25
Decision of the Opposition Division:
Application for Community mark dismissed in its entirety
Decision of the Board of Appeal:
Decision of the Opposition Division annulled
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 17 August 2009 (Case R 1477/2008-2);
2.
Orders OHIM to pay its own costs and the costs incurred by São Paulo Alpargatas, SA;
3.
Orders Enrique Fischer to pay his own costs.