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Document 62008TJ0514

    Judgment of the General Court (Seventh Chamber) of 14 April 2010.
    Laboratorios Byly, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for Community figurative mark BILLY'S Products - Earlier Community and national word marks BYLY and byly - Relative grounds for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
    Case T-514/08.

    European Court Reports 2010 II-00055*

    ECLI identifier: ECLI:EU:T:2010:143





    Judgment of the General Court (Seventh Chamber) of 14 April 2010 – Laboratorios Byly v OHIM – Ginis (BILLY’S Products)

    (Case T-514/08)

    Community trade mark – Opposition proceedings – Application for Community figurative mark BILLY’S Products – Earlier Community and national word marks BYLY and byly – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

    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 22, 62)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 469/2008-2), concerning opposition proceedings between Laboratorios Byly SA and Vasileios Ginis.

    Information relating to the case

    Applicant for the Community trade mark:

    Vasileios Ginis

    Community trade mark sought:

    Figurative mark BILLY’S Products for goods in Class 3 – Application No 4215273

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

    Laboratorios Byly, SA

    Mark or sign cited in opposition:

    Community word marks BYLY (Application No 156216) for goods in Class 3, and byly (Application No 2604015) for goods in Classes 3 and 5, and services in Class 35

    Decision of the Opposition Division:

    Opposition dismissed

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 September 2008 (Case R 469/2008-2);

    2.

    Orders OHIM to pay the costs.

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