CELEX: 62010TJ0238
Language: en
Date: 2011-10-20
Title: Judgment of the General Court (Fifth Chamber) of 20 October 2011. # Stephanie Scatizza v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark Horse Couture - Earlier national figurative mark HORSE - 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). # Case T-238/10.

Judgment of the General Court (Fifth Chamber) of 20 October 2011 – Scatizza v OHIM – Jacinto (Horse Couture)
      (Case T-238/10)
      Community trade mark – Opposition proceedings – Application for registration of the Community figurative mark Horse Couture – Earlier national figurative mark HORSE – 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 207/2009, Art. 8(1)(b)) (see paras 20, 47-49)
      
      Re:
      
         ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 March 2010 (Case R 723/2009‑2) relating to
                  opposition proceedings between Manuel Jacinto, L
               
               da
                and Stephanie Scatizza.
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Stephanie Scatizza to pay the costs.