Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Seventh Chamber) of 9 July 2010 – Grain Millers v OHIM – Grain Millers (GRAIN MILLERS)**

**(Case T-430/08)**

Community trade mark – Opposition proceedings – Application for Community word mark GRAIN MILLERS – Earlier national business name Grain Millers and its figurative representation – Partial refusal of registration – Relative ground for refusal – Likelihood of confusion – Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009)

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the holder of an unregistered mark or other sign used in trade – Use of the sign in trade – Meaning (Council Regulation No 40/94, Art. 8(4)) (see para. 28)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 478/2007‑2), concerning opposition proceedings between Grain Millers GmbH & Co. KG and Grain Millers, Inc. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Grain Millers, Inc. |
| Community trade mark sought: | Word mark GRAIN MILLERS for goods in Classes 29, 30 and 31 – application No 365 0256 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Grain Millers GmbH & Co. KG |
| Mark or sign cited in opposition: | German business designation GRAIN MILLERS and its figurative version |
| Decision of the Opposition Division: | Opposition dismissed in part |
| Decision of the Board of Appeal: | Appeal dismissed in part |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Grain Millers, Inc. to pay the costs. |

[Top](#document1)