CELEX: 62004TJ0039
Language: en
Date: 2008-02-14
Title: Judgment of the Court of First Instance (Fifth Chamber) of 14 February 2008. # Orsay GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition procedure - Application for the word and figurative trade mark O orsay - Earlier national word and figurative trade mark D’ORSAY - Ground for refusal - Risk of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-39/04.

Judgment of the Court of First Instance (Fifth Chamber) of 14 February 2008 – Orsay v OHIM – Jiménez Arellano (O orsay)
      (Case T-39/04)
      Community trade mark – Opposition procedure – Application for the word and figurative trade mark O orsay – Earlier national word and figurative trade mark D’ORSAY – Ground for refusal – Risk of confusion – Article 8(1)(b) of Regulation (EC) No 40/94
      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 40/94, Art. 8(1)(b)) (see paras 49, 52-55)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 November 2003 (Case R 394/2002-4) concerning
                  an opposition procedure between José Jiménez Arellano S.A. and Orsay GmbH.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Orsay GmbH
            
         
               Community trade mark sought:
            
            
               Word and figurative mark O orsay for goods in Classes 23, 24 and 25 – Application No 1042613
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               José Jiménez Arellano SA
            
         
               Mark or sign cited in opposition:
            
            
               Spanish and Portuguese figurative mark D’ORSAY, for goods primarily in Class 25
            
         
               Decision of the Opposition Division:
            
            
               Application for trade mark dismissed for goods (clothing; boots, shoes and slippers; headgear). Opposition dismissed as to
                  the remainder.
               
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Orsay GmbH to pay the costs.