Judgment — ECLI:EU:T:2009:515
Date: 2009-12-16
Language of the case: English
Court formation: Seventh 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

Judgment of the General Court of 16 December 2009 - Giordano Enterprises v OHIM - Dias Magalhães & Filhos (GIORDANO) (Case T-483/08) 1 (Community trade mark - Opposition proceedings - Application for the Community word mark GIORDANO - Earlier national word mark GIORDANO - Relative ground for refusal - Likelihood of confusion - Partial refusal of registration - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)) Language of the case: English Parties Applicant: Giordano Enterprises Ltd (F.T. Labuan, Malaysia) (represented by: M. Nentwig, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Montguiral, Agent) Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: José Dias Magalhães & Filhos Lda (Arrifana Vfr, Portugal) (represented by: J.M. João, lawyer) Re: Action brought against the decision of the Second Board of Appeal of OHIM of 28 July 2008 (Case R 1864/2007-2) relating to opposition proceedings between José Dias Magalhães & Filhos Lda and Giordano Enterprises Ltd. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Giordano Enterprises Ltd. to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs). ____________ 1 - OJ C 19, 24.1.2009.