Judgment — ECLI:EU:T:2010:394
Date: 2010-09-13
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful

Judgment of the General Court (Sixth Chamber) of 13 September 2010 – Procter & Gamble v OHIM – Prestige Cosmetics (P&G PRESTIGE BEAUTE) (Case T-366/07) Community trade mark – Opposition proceedings – Application for Community word mark P&G PRESTIGE BEAUTE – Earlier national figurative marks Prestige – Partial refusal to register – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 51, 85) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 July 2007 (Case R 681/2006-2) relating to opposition proceedings between Prestige Cosmetics Srl and The Procter & Gamble Company. Information relating to the case Applicant for the Community trade mark: The Procter & Gamble Company Community trade mark sought: Word mark P&G PRESTIGE BEAUTE for, inter alia, goods in Class 3 Proprietor of the mark or sign cited in the opposition proceedings: Prestige Cosmetics Srl Mark or sign cited in opposition: National figurative marks Prestige for goods in Class 3 Decision of the Opposition Division: Opposition partially upheld Decision of the Board of Appeal: Appeal dismissed 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 19 July 2007 (Case R 681/2006-2); 2. Orders OHIM to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in the proceedings before the Court; 3. Orders Prestige Cosmetics SpA to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in the proceedings before the Board of Appeal; 4. Dismisses the action as to the remainder.