Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Second Chamber) of 27 September 2011 – Brighton Collectibles v OHIM – Felmar (BRIGHTON)**

**(Case T-403/10)**

Community trade mark – Opposition procedure – Application for Community word mark BRIGHTON – National word and figurative marks BRIGHTON and earlier signs BRIGHTON – Relative grounds for refusal – Article 8(1)(b) and 8(2)(c) of Regulation (EC) No 207/2009 – Article 8(4) of Regulation 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 207/2009, Art. 8(1)(b)) (see paras 44-47)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 June 2010 (Case R 408/2009-4) concerning an opposition procedure between Brighton Collectibles Inc. and Felmar. |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Brighton Collectibles Inc. to bear its own costs and to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders Felmar to bear its own costs. |

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