CELEX: 62008TJ0430
Language: en
Date: 2010-07-09
Title: Judgment of the General Court (Seventh Chamber) of 9 July 2010. # Grain Millers, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark GRAIN MILLERS - Earlier national business name Grain Millers and its figurative representation - Partial refusal to register - Relative ground for refusal - Likelihood of confusion - Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009). # Case T-430/08.

Judgment of the General Court (Seventh Chamber) of 9 July 2010 – Grain Millers v OHIM – Grain Millers (GRAIN MILLERS)
      (Case T-430/08)
      Community trade mark – Opposition proceedings – Application for Community word mark GRAIN MILLERS – Earlier national business name Grain Millers and its figurative representation – Partial refusal of registration – Relative ground for refusal – Likelihood of confusion – Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009)
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the holder of an unregistered mark or other sign used in trade – Use of the sign in trade – Meaning (Council Regulation No 40/94, Art. 8(4)) (see para. 28)
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 478/2007‑2), concerning
                  opposition proceedings between Grain Millers GmbH & Co. KG and Grain Millers, Inc.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Grain Millers, Inc.
            
         
               Community trade mark sought:
            
            
               Word mark GRAIN MILLERS for goods in Classes 29, 30 and 31 – application No 365 0256
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Grain Millers GmbH & Co. KG
            
         
               Mark or sign cited in opposition:
            
            
               German business designation GRAIN MILLERS and its figurative version
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed in part
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed in part
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Grain Millers, Inc. to pay the costs.