CELEX: 62009TJ0462
Language: en
Date: 2012-01-12 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 12 January 2012. # August Storck KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark Ragolizia - Earlier Community word mark FAVOLIZIA - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-462/09.

Judgment of the General Court (Eighth Chamber) of 12 January 2012 – Storck v OHIM – RAI (Ragolizia)
      (Case T-462/09)
      Community trade mark – Opposition proceedings – Application for Community word mark Ragolizia – Earlier Community word mark FAVOLIZIA – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 16, 36)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 September 2009 (Case R 1779/2008‑4) concerning
                  opposition proceedings between Radiotelevisione italiana SpA (RAI) and August Storck KG.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders August Storck KG to pay the costs.