CELEX: 62008TJ0151
Language: en
Date: 2009-06-11
Title: Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009. # Victor Guedes - Indústria e Comércio, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark Gallecs - Earlier national and Community figurative marks GALLO, GALLO AZEITE NOVO, GALLO AZEITE - Relative ground for refusal - No likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009). # Case T-151/08.

Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Guedes – Indústria e Comércio v OHIM – Espai Rural
            de Gallecs (Gallecs)
      (Case T-151/08)
      Community trade mark – Opposition proceedings – Application for Community figurative mark Gallecs – Earlier national and Community figurative marks GALLO, GALLO AZEITE NOVO, GALLO AZEITE – Relative ground for refusal – No likelihood of confusion – Lack of similarity between the signs – Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) 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 40/94, Art. 8(1)(b)) (see paras 34-35, 50-56)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 January 2008 (Case R 986/2007-2) relating
                  to opposition proceedings between Victor Guedes – Indústria e Comércio SA and Consorci de l’Espai Rural de Gallecs.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Consorci de l’Espai Rural de Gallecs
            
         
               Community trade mark sought:
            
            
               Figurative mark GALLECS for goods in Classes 29 and 31 – Application No 3710597
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Victor Guedes – Indústria e Comércio, SA
            
         
               Mark or sign cited in opposition:
            
            
               The national figurative mark GALLO for goods in Class 29; the national figurative mark GALLO AZEITE NOVO for goods in Class
                  29; the national figurative mark AZEITE GALLO for goods in Class 29; the national mark GALLO AZEITE NOVO for goods in Class
                  29; the Community figurative mark GALLO for goods in Class 29
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Victor Guedes – Indústria e Comércio SA to pay the costs.