CELEX: 62008TJ0309
Language: en
Date: 2010-01-21
Title: Judgment of the General Court (Fifth Chamber) of 21 January 2010. # G-Star Raw Denim kft v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark G Stor - Earlier national and Community word and figurative marks G-STAR and G-STAR RAW DENIM - Relative ground for refusal - Absence of similarity between the marks - Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EC) No 207/2009). # Case T-309/08.

Judgment of the General Court (Fifth Chamber) of 21 January 2010 – G-Star Raw Denim v OHIM – ESGW (G Stor)
      (Case T-309/08)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark G Stor – Earlier national and Community word and figurative marks G-STAR and G-STAR RAW DENIM – Relative ground for refusal – Absence of similarity between the marks – Article 8(5) of Regulation (EC) No 40/94 (now Article 8(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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see
         paras 25, 36, 38)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 14 April 2008 (R 1232/2007-1), relating to opposition
                  proceedings between G‑Star Raw Denim kft and ESGW Holdings Ltd.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               ESWG Holdings Ltd 
            
         
               Community trade mark sought:
            
            
               The figurative mark ‘G Stor’ for goods in Class 9
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               G-Star Raw Denim kft
            
         
               Mark or sign cited in opposition:
            
            
               Benelux trade mark registration No 545551 of the word mark ‘G‑STAR’ for goods in Class 25; Community trade mark registration
                  No 3445401 of the word/figurative mark ‘G‑STAR’ for goods in Classes 9 and 25; Community trade mark registration No 3444262
                  of the word mark ‘G‑Star’ for goods in Classes 9 and 25; earlier well‑known trade mark ‘G‑Star’ protected in various countries
                  for goods in Class 25; Community trade mark registration No 3444171 of the mark ‘G‑STAR RAW DENIM’ for goods in Classes 9
                  and 35; Netherlands trade name G‑Star International BV
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld; application dismissed in its entirety
            
         
               Decision of the Board of Appeal:
            
            
               Contested decision annulled; opposition dismissed
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders G-Star Raw Denim kft to pay the costs.