Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 15 September 2009 – Parfums Christian Dior v OHIM – Consolidated
Artists (MANGO adorably)**

**(Case T-308/08)**

Community trade mark – Opposition proceedings – Application for Community figurative mark MANGO adorably – Earlier national and international word marks J’ADORE and ADIORABLE – Relative grounds for refusal – Likelihood of confusion – Risk of unfair advantage being taken of the repute of the earlier marks – 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)

1.                     *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 49-50)*

2.                     *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 enjoying a reputation – Protection of well-known earlier mark extended
to dissimilar goods or services – Conditions – Link between the marks (Council Regulation No 40/94, Art. 8(5)) (see paras
62-64)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 May 2008 (Case R 1162/2007‑2) relating to opposition proceedings between Parfums Christian Dior and Consolidated Artists BV. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Consolidated Artists BV |
| Community trade mark sought: | Figurative mark MANGO adorably for goods in Class 3 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Parfums Christian Dior |
| Mark or sign cited in opposition: | French trade mark registration No 33209849 of the word mark ADIORABLE for goods in Class 3; French trade mark registration No 94536564 of the word mark J’ADORE for various goods, amongst which goods in Class 3; international trade mark registration No 811001 of the word mark ADIORABLE for various goods, amongst which goods in Class 3; international trade mark registration No 687422 of the word mark J’ADORE for various goods, amongst which goods in Class 3 |
| 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 Parfums Christian Dior to pay the costs. |

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