CELEX: 62010TJ0187
Language: en
Date: 2011-05-10
Title: Judgment of the General Court (Second Chamber) of 10 May 2011. # Maurice Emram v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark G - Earlier national and Community figurative marks G - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-187/10.

Judgment of the General Court (Second Chamber) of 10 May 2011 – Emram v OHIM – Guccio Gucci (G)
      (Case T-187/10)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark G – Earlier national and Community figurative marks G – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
      1.                     Community trade mark – Definition and acquisition of the Community trade mark – Signs capable of constituting a mark – Signs
            composed of a letter or combination of letters – 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 – Criteria for assessment (Council Regulation No 207/2009, Arts 4, 7 and 8(1)(b)) (see para. 49)
      2.                     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 55, 74, 78)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 11 February 2010 (Case R 1281/2008-1), concerning
                  opposition proceedings between Guccio Gucci SpA and Mr Maurice Emram.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Maurice Emram
            
         
               Community trade mark sought: 
            
            
               Figurative trade mark G for goods in Classes 9, 18 and 25 – Application No 2421402
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Guccio Gucci SpA
            
         
               Mark or sign cited in opposition: 
            
            
               Community and national figurative trade marks G for goods in Classes 9, 18 and 25
            
         
               Decision of the Opposition Division: 
            
            
               Opposition dismissed 
            
         
               Decision of the Board of Appeal: 
            
            
               Decision of the Opposition Division annulled; registration refused
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Maurice Emram to pay the costs.