CELEX: 62005TJ0097
Language: en
Date: 2006-07-12
Title: Judgment of the Court of First Instance (Second Chamber) of 12 July 2006. # Sergio Rossi SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark MARCOROSSI - Earlier national and international word marks MISS ROSSI - Earlier Community word mark SERGIO ROSSI - Relative ground for refusal - Likelihood of confusion. # Case T-97/05.

Judgment of the Court of First Instance (Second Chamber) of 12 July 2006 – Rossi v OHIM – Marcorossi (MARCOROSSI)
      (Case T-97/05)
      Community trade mark – Opposition proceedings – Application for Community word mark MARCOROSSI – Earlier national and international word marks MISS ROSSI – Earlier Community word mark SERGIO ROSSI – Relative ground for refusal – Likelihood of confusion
      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
         (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 46-47, 51)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 226/2003‑2) concerning
                  opposition proceedings between Sergio Rossi SpA and Marcorossi Srl.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Marcorossi Srl
            
         
               Community trade mark sought:
            
            
               Word mark MARCOROSSI (Application No 1.405.869 for goods in Classes 18 and 25)
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Sergio Rossi SpA
            
         
               Mark or sign cited in opposition:
            
            
               MISS ROSSI (Italian and international mark), for goods in Class 25, SERGIO ROSSI (Italian mark), for goods in Class 25, and
                  SERGIO ROSSI (Community trade mark), for goods in Classes 3, 18 and 25
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Appeal allowed and opposition rejected 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  Orders the applicant to pay the costs incurred by the intervener and to bear its own costs;
               
            
         
                  3.
               
               
                  
               
               
                  Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs.