Keywords
Summary

Keywords

Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the owner of an identical or similar earlier mark registered for identical or similar products or services — Risk of confusion with the earlier mark — Word mark GIORGIO BEVERLY HILLS and figurative marks including the word GIORGI — (Council Regulation No 40/94, Art. 8(1)(b))

Summary

There is no risk of the Spanish public being confused between the word mark " GEORGIO BEVERLEY HILLS" , for which registration as a Community trade mark is sought in respect of toilet soaps, perfumes etc. falling within class 3 of the Nice Agreement, and figurative marks including the word signs " J GIORGI" , " GIORGI LINE" and " MISS GIORGI" , previously registered in Spain to designate perfumes and cosmetics in the same class. Even though there is identity or similarity between the goods covered by the conflicting marks, the visual, aural and conceptual differences between the signs constitute sufficient grounds for discounting the existence of that risk, so that one of the conditions for applying Article 8(1)(b) of Regulation No 40/94 on the Community trade mark is not satisfied.

see paras 52, 54