Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 14 February 2008 – Orsay v OHIM – Jiménez Arellano (Orsay)**

**(Case T-378/04)**

Community trade mark – Opposition procedure – Application for the word and figurative trade mark Orsay – Earlier national word and figurative trade mark D'ORSAY – Ground for refusal – Risk of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

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 43-45)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 June 2004 (Case R 909/2002-4) concerning an opposition procedure between José Jiménez Arellano S.A. and Orsay GmbH. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Orsay GmbH |
| Community trade mark sought: | Word and figurative mark Orsay for goods in Classes 23, 24 and 25 – Application No 1042605 |
| Proprietor of the mark or sign cited in the opposition proceedings: | José Jiménez Arellano, SA |
| Mark or sign cited in opposition: | National word and figurative mark D’ORSAY |
| Decision of the Opposition Division: | Refusal of registration |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Orsay GmbH to pay the costs. |

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