CELEX: C2006/249/38
Language: en
Date: 2006-10-14 00:00:00
Title: Case T-228/06: Action brought on 28 August 2006 — Giorgio Beverly Hills v OHIM — WHG Westdeutsche Handelsgesellschaft (GIORGIO BEVERLY HILLS)

14.10.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 249/16
            
         Action brought on 28 August 2006 — Giorgio Beverly Hills v OHIM — WHG Westdeutsche Handelsgesellschaft (GIORGIO BEVERLY HILLS)
   (Case T-228/06)
   (2006/C 249/38)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Giorgio Beverly Hills Inc. (Cincinnati, USA) (represented by: M. Schaeffer, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: WHG Westdeutsche Handelsgesellschaft mbH (Hagen, Germany)
   Form of order sought
   
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               Overrule the decision of the Second Board of Appeal of 21 June 2006 in joined Cases R 107/2005-2 and R 187/2005-2 as far as appeal No R 187/2005-2 was dismissed;
            
         
               —
            
            
               reject the opposition B 57259 dated July 6, 1998 as far as this opposition was upheld by the decision No 4157/2004 of the Opposition Division of 10 December 2004;
            
         
               —
            
            
               order the defendant to bear the costs of the proceedings;
            
         
               —
            
            
               order the intervener to bear the costs of the proceeding before the Office for Harmonisation.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘GIORGIO BEVERLY HILLS’ for goods in classes 3, 14, 18 and 25 — application No 417 709
   
      Proprietor of the mark or sign cited in the opposition proceedings: WHG Westdeutsche Handelsgesellschaft mbH.
   
      Mark or sign cited: The national word mark and Community figurative mark ‘GIORGIO’ for goods in classes 18, 24 and 25
   
      Decision of the Opposition Division: Opposition upheld for part of the contested goods
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: There is no sufficient risk of confusion between the conflicting trade marks as there does not exist a relevant similarity between the marks.