CELEX: 62007TJ0366
Language: en
Date: 2010-09-13
Title: Judgment of the General Court (Sixth Chamber) of 13 September 2010. # The Procter & Gamble Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark P&G PRESTIGE BEAUTE - Earlier national figurative marks Prestige - Partial refusal to register - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-366/07.

Judgment of the General Court (Sixth Chamber) of 13 September 2010 – Procter & Gamble v OHIM – Prestige Cosmetics (P&G PRESTIGE
            BEAUTE)
      (Case T-366/07)
      Community trade mark – Opposition proceedings – Application for Community word mark P&G PRESTIGE BEAUTE – Earlier national figurative marks Prestige – Partial refusal to register – Relative ground for refusal – No 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 51, 85)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 July 2007 (Case R 681/2006-2) relating to
                  opposition proceedings between Prestige Cosmetics Srl and The Procter & Gamble Company.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               The Procter & Gamble Company 
            
         
               Community trade mark sought: 
            
            
               Word mark P&G PRESTIGE BEAUTE for, inter alia, goods in Class 3
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Prestige Cosmetics Srl
            
         
               Mark or sign cited in opposition:
            
            
               National figurative marks Prestige for goods in Class 3
            
         
               Decision of the Opposition Division: 
            
            
               Opposition partially upheld 
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 19 July 2007 (Case R 681/2006-2);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in the proceedings before
                     the Court;
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Prestige Cosmetics SpA to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in
                     the proceedings before the Board of Appeal;
                  
               
            
         
                  4.
               
               
                  
               
               
                  	Dismisses the action as to the remainder.