CELEX: 62008TJ0308
Language: en
Date: 2009-09-15
Title: Judgment of the Court of First Instance (First Chamber) of 15 September 2009. # Parfums Christian Dior v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark MANGO adorably - Earlier national and international word marks J’ADORE and ADIORABLE - Relative grounds for refusal - Likelihood of confusion - Risk of unfair advantage being taken of the repute of the earlier marks - 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-308/08.

Judgment of the Court of First Instance (First Chamber) of 15 September 2009 – Parfums Christian Dior v OHIM – Consolidated
            Artists (MANGO adorably)
      (Case T-308/08)
      Community trade mark – Opposition proceedings – Application for Community figurative mark MANGO adorably – Earlier national and international word marks J’ADORE and ADIORABLE – Relative grounds for refusal – Likelihood of confusion – Risk of unfair advantage being taken of the repute of the earlier marks – 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)
      1.                     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 49-50)
      2.                     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 – Conditions – Link between the marks (Council Regulation No 40/94, Art. 8(5)) (see paras
            62-64)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 May 2008 (Case R 1162/2007‑2) relating to
                  opposition proceedings between Parfums Christian Dior and Consolidated Artists BV.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Consolidated Artists BV
            
         
               Community trade mark sought:
            
            
               Figurative mark MANGO adorably for goods in Class 3
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Parfums Christian Dior
            
         
               Mark or sign cited in opposition:
            
            
               French trade mark registration No 33209849 of the word mark ADIORABLE for goods in Class 3; French trade mark registration
                  No 94536564 of the word mark J’ADORE for various goods, amongst which goods in Class 3; international trade mark registration
                  No 811001 of the word mark ADIORABLE for various goods, amongst which goods in Class 3; international trade mark registration
                  No 687422 of the word mark J’ADORE for various goods, amongst which goods in Class 3
               
            
         
               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 Parfums Christian Dior to pay the costs.