CELEX: 62010TJ0403
Language: en
Date: 2011-09-27 00:00:00
Title: Judgment of the General Court (Second Chamber) of 27 September 2011. # Brighton Collectibles, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition procedure - Application for Community word mark BRIGHTON - National word and figurative marks BRIGHTON and earlier signs BRIGHTON - Relative grounds for refusal - Article 8(1)(b) and 8(2)(c) of Regulation (EC) No 207/2009 - Article 8(4) of Regulation No 207/2009. # Case T-403/10.

Judgment of the General Court (Second Chamber) of 27 September 2011 – Brighton Collectibles v OHIM – Felmar (BRIGHTON)
      (Case T-403/10)
      Community trade mark – Opposition procedure – Application for Community word mark BRIGHTON – National word and figurative marks BRIGHTON and earlier signs BRIGHTON – Relative grounds for refusal – Article 8(1)(b) and 8(2)(c) of Regulation (EC) No 207/2009 – Article 8(4) of Regulation 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 44-47)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 June 2010 (Case R 408/2009-4) concerning an
                  opposition procedure between Brighton Collectibles Inc. and Felmar.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Brighton Collectibles Inc. to bear its own costs and to pay the costs of the Office for Harmonisation in the Internal
                     Market (Trade Marks and Designs) (OHIM);
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Felmar to bear its own costs.