Judgment — ECLI:EU:T:2003:199
Date: 2003-07-09
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Likelihood of confusion with an earlier mark
Procedure: Action for annulment - unfounded
Origin: Spain

Summary of the Judgment 
Community trade mark — Definition and acquisition of the Community trade mark — 
Relative grounds for refusal — Opposition by the owner of an identical or similar earlier 
mark registered for identical or similar products or services — Risk of confusion with the 
earlier mark — Word mark 'GIORGIO BEVERLY HILLS' and figurative marks 
including the word 'GIORGI' 
(Council Regulation No 40/94, Art. 8(l)(b» 
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SUMMARY — CASE T-162/01 
There is no risk of the Spanish public being 
confused between the word mark 'GEOR­
GIO BEVERLEY HILLS', for which regis­
tration as a Community trade mark is 
sought in respect of toilet soaps, perfumes 
etc. falling within class 3 of the Nice 
Agreement, and figurative marks including 
the word signs 'J GIORGI', 'GIORGI 
LINE' and 'MISS GIORGI', previously 
registered in Spain to designate perfumes 
and cosmetics in the same class. Even 
though there is identity or similarity 
between the goods covered by the conflict­
ing marks, the visual, aural and conceptual 
differences between the signs constitute 
sufficient grounds for discounting the exist­
ence of that risk, so that one of the 
conditions for applying Article 8(1 )(b) of 
Regulation No 40/94 on the Community 
trade mark is not satisfied. 
(see paras 52, 54) 
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