Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 14 February 2008 – Usinor v OHIM – Corus UK (GALVALLOY)**

**(Case T-189/05)**

Community trade mark – Opposition proceedings – Application for Community word mark GALVALLOY – Earlier national word mark GALVALLIA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

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 69, 71-72)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 10 February 2005 (Case R 411/2004‑1) in respect of opposition proceedings between Usinor SA and Corus UK Ltd. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Corus UK Ltd |
| Community trade mark sought: | Word mark GALVALLOY for goods in Class 6 – Application No 796557 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Usinor SA |
| Mark or sign cited in opposition: | National word mark GALVALLIA for goods in Class 6 |
| Decision of the Opposition Division: | Refusal of registration |
| Decision of the Board of Appeal: | Decision of the Opposition Division set aside |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 February 2005 (Case R 411/2004‑1); |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to bear its own costs and to pay those incurred by Usinor SA; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders Corus UK Ltd to bear its own costs. |

[Top](#document1)