Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Seventh Chamber) of 14 April 2010 – Laboratorios Byly v OHIM – Ginis (BILLY’S Products)**

**(Case T-514/08)**

Community trade mark – Opposition proceedings – Application for Community figurative mark BILLY’S Products – Earlier Community and national word marks BYLY and byly – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 22, 62)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 469/2008-2), concerning opposition proceedings between Laboratorios Byly SA and Vasileios Ginis. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Vasileios Ginis |
| Community trade mark sought: | Figurative mark BILLY’S Products for goods in Class 3 – Application No 4215273 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Laboratorios Byly, SA |
| Mark or sign cited in opposition: | Community word marks BYLY (Application No 156216) for goods in Class 3, and byly (Application No 2604015) for goods in Classes 3 and 5, and services in Class 35 |
| Decision of the Opposition Division: | Opposition dismissed |
| 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 15 September 2008 (Case R 469/2008-2); |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to pay the costs. |

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