Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Seventh Chamber) of 16 December 2009 – Giordano Enterprises v OHIM – Dias Magalhães & Filhos
(GIORDANO)**

**(Case T-483/08)**

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)

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 19, 33)

**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. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Giordano Enterprises Ltd |
| Community trade mark sought: | Word mark GIORDANO for goods in Classes 18 and 25 |
| Proprietor of the mark or sign cited in the opposition proceedings: | José Dias Magalhães & Filhos lda. |
| Mark or sign cited in opposition: | Portuguese word mark GIORDANO for goods in Class 25 (No 22534) |
| Decision of the Opposition Division: | Opposition partially upheld |
| Decision of the Board of Appeal: | Decision of the Opposition Division annulled in so far as it upheld the opposition in relation to certain goods in Class 18; appeal dismissed as to the reminder. |

**Operative part**

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). |

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