Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Guedes – Indústria e Comércio v OHIM – Espai Rural
de Gallecs (Gallecs)**

**(Case T-151/08)**

Community trade mark – Opposition proceedings – Application for Community figurative mark Gallecs – Earlier national and Community figurative marks GALLO, GALLO AZEITE NOVO, GALLO AZEITE – Relative ground for refusal – No likelihood of confusion – Lack of similarity between the signs – Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) 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 34-35, 50-56)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 January 2008 (Case R 986/2007-2) relating to opposition proceedings between Victor Guedes – Indústria e Comércio SA and Consorci de l’Espai Rural de Gallecs. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Consorci de l’Espai Rural de Gallecs |
| Community trade mark sought: | Figurative mark GALLECS for goods in Classes 29 and 31 – Application No 3710597 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Victor Guedes – Indústria e Comércio, SA |
| Mark or sign cited in opposition: | The national figurative mark GALLO for goods in Class 29; the national figurative mark GALLO AZEITE NOVO for goods in Class 29; the national figurative mark AZEITE GALLO for goods in Class 29; the national mark GALLO AZEITE NOVO for goods in Class 29; the Community figurative mark GALLO for goods in Class 29 |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Victor Guedes – Indústria e Comércio SA to pay the costs. |

[Top](#document1)