CELEX: 62005TJ0189
Language: en
Date: 2008-02-14
Title: Judgment of the Court of First Instance (Fourth Chamber) of 14 February 2008. # Usinor SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark GALVALLOY - Earlier national word mark GALVALLIA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-189/05.

Judgment of the Court of First Instance (Fourth Chamber) of 14 February 2008 – Usinor v OHIM – Corus UK (GALVALLOY)
      (Case T-189/05)
      Community trade mark – Opposition proceedings – Application for Community word mark GALVALLOY – Earlier national word mark GALVALLIA – Relative ground for refusal – Likelihood 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 69, 71-72)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 10 February 2005 (Case R 411/2004‑1) in respect
                  of opposition proceedings between Usinor SA and Corus UK Ltd.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Corus UK Ltd
            
         
               Community trade mark sought:
            
            
               Word mark GALVALLOY for goods in Class 6 – Application No 796557
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Usinor SA
            
         
               Mark or sign cited in opposition:
            
            
               National word mark GALVALLIA for goods in Class 6
            
         
               Decision of the Opposition Division:
            
            
               Refusal of registration
            
         
               Decision of the Board of Appeal:
            
            
               Decision of the Opposition Division set aside
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
                     (OHIM) of 10 February 2005 (Case R 411/2004‑1);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to bear its own costs and to pay those incurred by Usinor SA;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Corus UK Ltd to bear its own costs.