Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Third Chamber) of 25 November 2010 – Vidieffe v OHIM – Ellis International Group (GOTHA)**

**(Case T-169/09)**

Community trade mark – Opposition proceedings – Application for Community word mark GOTHA – Earlier Community figurative mark gotcha – 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)

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 – Weighting of the elements of similarity or difference between the signs – Taking into
account of the intrinsic characteristics of the signs or the marketing conditions of the goods or services (Council Regulation
No 40/94, Art. 8(1)(b)) (see para. 35)*

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 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 para. 58)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 12 February 2009 (Case R 657/2008-1), relating to opposition proceedings between Perry Ellis International Group Holdings, Ltd and Vidieffe Srl. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Vidieffe Srl |
| Community trade mark sought: | Word mark GOTHA for goods in Classes 18 and 25 – Application No 3665957 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Perry Ellis International Group Holdings, Ltd |
| Mark or sign cited in opposition: | Figurative Community trade mark gotcha (No 2896199) for goods in Classes 3, 18 and 25 |
| Decision of the Opposition Division: | Opposition dismissed in its entirety |
| Decision of the Board of Appeal: | Appeal partially upheld |

**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 12 February 2009 (Case R 657/2008-1), in so far as it annuls the decision of the Opposition Division, inasmuch as that decision rejected the opposition, first, in respect of ‘[leather and imitations of leather] goods (not included in other classes); trunks and travelling bags; umbrellas, parasols and walking sticks’ in Class 18 and, second, in respect of all the goods in Class 25; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Dismisses the action as to the remainder; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders OHIM to bear its own costs and pay those incurred by Vidieffe Srl. |

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