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Document 62010TJ0187

Judgment of the General Court (Second Chamber) of 10 May 2011.
Maurice Emram 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 - Earlier national and Community figurative marks G - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009.
Case T-187/10.

European Court Reports 2011 II-00128*

ECLI identifier: ECLI:EU:T:2011:202





Judgment of the General Court (Second Chamber) of 10 May 2011 – Emram v OHIM – Guccio Gucci (G)

(Case T-187/10)

Community trade mark – Opposition proceedings – Application for the Community figurative mark G – Earlier national and Community figurative marks G – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

1.                     Community trade mark – Definition and acquisition of the Community trade mark – Signs capable of constituting a mark – Signs composed of a letter or combination of letters – 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 – Criteria for assessment (Council Regulation No 207/2009, Arts 4, 7 and 8(1)(b)) (see para. 49)

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 registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 55, 74, 78)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 11 February 2010 (Case R 1281/2008-1), concerning opposition proceedings between Guccio Gucci SpA and Mr Maurice Emram.

Information relating to the case

Applicant for the Community trade mark:

Maurice Emram

Community trade mark sought:

Figurative trade mark G for goods in Classes 9, 18 and 25 – Application No 2421402

Proprietor of the mark or sign cited in the opposition proceedings:

Guccio Gucci SpA

Mark or sign cited in opposition:

Community and national figurative trade marks G for goods in Classes 9, 18 and 25

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Decision of the Opposition Division annulled; registration refused


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Mr Maurice Emram to pay the costs.

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