CELEX: 62008TJ0514
Language: en
Date: 2010-04-14
Title: Judgment of the General Court (Seventh Chamber) of 14 April 2010. # Laboratorios Byly, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark BILLY'S Products - Earlier Community and national word marks BYLY and byly - Relative grounds for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-514/08.

Judgment of the General Court (Seventh Chamber) of 14 April 2010 – Laboratorios Byly v OHIM – Ginis (BILLY’S Products)
      (Case T-514/08)
      Community trade mark – Opposition proceedings – Application for Community figurative mark BILLY’S Products – Earlier Community and national word marks BYLY and byly – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 22, 62)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 469/2008-2), concerning
                  opposition proceedings between Laboratorios Byly SA and Vasileios Ginis.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Vasileios Ginis
            
         
               Community trade mark sought:
            
            
               Figurative mark BILLY’S Products for goods in Class 3 – Application No 4215273
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Laboratorios Byly, SA
            
         
               Mark or sign cited in opposition:
            
            
               Community word marks BYLY (Application No 156216) for goods in Class 3, and byly (Application No 2604015) for goods in Classes
                  3 and 5, and services in Class 35
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               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 15 September 2008 (Case R 469/2008-2);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs.