Judgment — ECLI:EU:T:2008:38
Date: 2008-02-14
Language of the case: German
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the Court of First Instance of 14 February 2008 - Orsay v OHIM - Jiménez Arellano (Orsay) (Case T-378/04) 1 (Community trade mark - Opposition procedure - Application for the word and figurative trade mark 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) Language of the case: German Parties Applicant: Orsay GmbH (Willstät, Germany) (represented by: D. von Schultz and S. Elbe, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially, by: T. Eichenberg, later by: G. Schneider, Agents) Other party to the proceedings before the Board of Appeal of OHIM: José Jiménez Arellano S.A. (Madrid, Spain) (represented initially, by: J. Astiz Suárez, later by: S. Hernán-Carrillo Portolés and finally by: A. Tarí Lázaro, lawyers, Re: Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 June 2004 (Case R 909/2002-4) concerning an opposition procedure between José Jiménez Arellano S.A. and Orsay GmbH. Operative part of the judgment 1. The application is dismissed; 2. Orsay GmbH is ordered to pay the costs. ____________ 1 - OJ C 314, of 18.12.2004.