CELEX: 62010TJ0323
Language: en
Date: 2011-11-16
Title: Judgment of the General Court (Second Chamber) of 16 November 2011. # Chickmouza Chabou v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark CHABOU - Earlier national and international word marks Chalou - Refusal to register - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 12(a) of Regulation (EC) No 207/2009. # Case T-323/10.

Judgment of the General Court (Second Chamber) of 16 November 2011 – Chabou v OHIM – Chalou (CHABOU)
      (Case T-323/10)
      Community trade mark – Opposition proceedings – Application for the Community word mark CHABOU – Earlier national and international word marks Chalou – Refusal to register – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 12(a) 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 28-29, 54-56)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 20 May 2010 (Case R 1165/2009-1), relating to
                  opposition proceedings between Chalou GmbH and Chickmouza Chabou.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Chickmouza Chabou to pay the costs.