This document is an excerpt from the EUR-Lex website
Document C2006/249/38
Case T-228/06: Action brought on 28 August 2006 — Giorgio Beverly Hills v OHIM — WHG Westdeutsche Handelsgesellschaft (GIORGIO BEVERLY HILLS)
Case T-228/06: Action brought on 28 August 2006 — Giorgio Beverly Hills v OHIM — WHG Westdeutsche Handelsgesellschaft (GIORGIO BEVERLY HILLS)
Case T-228/06: Action brought on 28 August 2006 — Giorgio Beverly Hills v OHIM — WHG Westdeutsche Handelsgesellschaft (GIORGIO BEVERLY HILLS)
OJ C 249, 14.10.2006, p. 16–17
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
|
14.10.2006 |
EN |
Official Journal of the European Union |
C 249/16 |
Action brought on 28 August 2006 — Giorgio Beverly Hills v OHIM — WHG Westdeutsche Handelsgesellschaft (GIORGIO BEVERLY HILLS)
(Case T-228/06)
(2006/C 249/38)
Language in which the application was lodged: English
Parties
Applicant: Giorgio Beverly Hills Inc. (Cincinnati, USA) (represented by: M. Schaeffer, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: WHG Westdeutsche Handelsgesellschaft mbH (Hagen, Germany)
Form of order sought
|
— |
Overrule the decision of the Second Board of Appeal of 21 June 2006 in joined Cases R 107/2005-2 and R 187/2005-2 as far as appeal No R 187/2005-2 was dismissed; |
|
— |
reject the opposition B 57259 dated July 6, 1998 as far as this opposition was upheld by the decision No 4157/2004 of the Opposition Division of 10 December 2004; |
|
— |
order the defendant to bear the costs of the proceedings; |
|
— |
order the intervener to bear the costs of the proceeding before the Office for Harmonisation. |
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The word mark ‘GIORGIO BEVERLY HILLS’ for goods in classes 3, 14, 18 and 25 — application No 417 709
Proprietor of the mark or sign cited in the opposition proceedings: WHG Westdeutsche Handelsgesellschaft mbH.
Mark or sign cited: The national word mark and Community figurative mark ‘GIORGIO’ for goods in classes 18, 24 and 25
Decision of the Opposition Division: Opposition upheld for part of the contested goods
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: There is no sufficient risk of confusion between the conflicting trade marks as there does not exist a relevant similarity between the marks.