Judgment of the General Court (Seventh Chamber) of 16 December 2009 – Giordano Enterprises v OHIM – Dias Magalhães & Filhos (GIORDANO)

(Case T-483/08)

Community trade mark – Opposition proceedings – Application for the Community word mark GIORDANO – Earlier national word mark GIORDANO – Relative ground for refusal – Likelihood of confusion – Partial refusal of registration – 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 19, 33)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 July 2008 (Case R 1864/2007-2) relating to opposition proceedings between José Dias Magalhães & Filhos lda. and Giordano Enterprises Ltd.

Information relating to the case

Applicant for the Community trade mark:

Giordano Enterprises Ltd

Community trade mark sought:

Word mark GIORDANO for goods in Classes 18 and 25

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

José Dias Magalhães & Filhos lda.

Mark or sign cited in opposition:

Portuguese word mark GIORDANO for goods in Class 25 (No 22534)

Decision of the Opposition Division:

Opposition partially upheld

Decision of the Board of Appeal:

Decision of the Opposition Division annulled in so far as it upheld the opposition in relation to certain goods in Class 18; appeal dismissed as to the reminder.


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Giordano Enterprises Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs).