Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (First Chamber) of 23 February 2010 – Özdemir v OHIM – Aktieselskabet af 21. november 2001 (James
Jones)**

**(Case T-11/09)**

Community trade mark – Opposition proceedings – Application for the Community word mark James Jones – Earlier Community word mark JACK & JONES – Relative ground for refusal – Likelihood of confusion – 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 21, 38)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 November 2008 (Case R 858/2007-2), concerning opposition proceedings between Aktieselskabet af 21. november 2001 and Mr Rahmi Özdemir. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Rahmi Özdemir |
| Community trade mark sought: | Word mark James Jones for goods in Class 25 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Aktieselskabet af 21. november 2001 |
| Mark or sign cited in opposition: | Community trade mark registration No 1107747 of the word mark JACK & JONES for goods in Classes 3, 18 and 25; United Kingdom trade mark registration No 2063437 of the word mark JACK & JONES for goods in Class 25; Benelux trade mark registration No 474622 of the word mark JACK & JONES for goods in Class 25; Denmark trade mark registration No VR 1990 06569 of the word mark JACK & JONES for goods in Class 25 |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Mr Rahmi Özdemir to pay the costs. |

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