CELEX: 62008TJ0483
Language: en
Date: 2009-12-16 00:00:00
Title: Judgment of the General Court (Seventh Chamber) of 16 December 2009. # Giordano Enterprises Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark GIORDANO - Earlier national word mark GIORDANO - Relative ground for refusal - Likelihood of confusion - Partial refusal of registration - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-483/08.

Judgment of the General Court (Seventh Chamber) of 16 December 2009 – Giordano Enterprises v OHIM – Dias Magalhães & Filhos
            (GIORDANO)
      (Case T-483/08)
      Community trade mark – Opposition proceedings – Application for the Community word mark GIORDANO – Earlier national word mark GIORDANO – Relative ground for refusal – Likelihood of confusion – Partial refusal of registration – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) 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 19, 33)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 July 2008 (Case R 1864/2007-2) relating to
                  opposition proceedings between José Dias Magalhães & Filhos lda. and Giordano Enterprises Ltd.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Giordano Enterprises Ltd
            
         
               Community trade mark sought:
            
            
               Word mark GIORDANO for goods in Classes 18 and 25
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               José Dias Magalhães & Filhos lda.
            
         
               Mark or sign cited in opposition:
            
            
               Portuguese word mark GIORDANO for goods in Class 25 (No 22534)
            
         
               Decision of the Opposition Division:
            
            
               Opposition partially upheld
            
         
               Decision of the Board of Appeal:
            
            
               Decision of the Opposition Division annulled in so far as it upheld the opposition in relation to certain goods in Class 18;
                  appeal dismissed as to the reminder.
               
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Giordano Enterprises Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal
                     Market (Trade Marks and Designs).