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Document 62008TJ0308

    Judgment of the Court of First Instance (First Chamber) of 15 September 2009.
    Parfums Christian Dior v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for Community figurative mark MANGO adorably - Earlier national and international word marks J’ADORE and ADIORABLE - Relative grounds for refusal - Likelihood of confusion - Risk of unfair advantage being taken of the repute of the earlier marks - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009).
    Case T-308/08.

    European Court Reports 2009 II-00147*

    ECLI identifier: ECLI:EU:T:2009:329





    Judgment of the Court of First Instance (First Chamber) of 15 September 2009 – Parfums Christian Dior v OHIM – Consolidated Artists (MANGO adorably)

    (Case T-308/08)

    Community trade mark – Opposition proceedings – Application for Community figurative mark MANGO adorably – Earlier national and international word marks J’ADORE and ADIORABLE – Relative grounds for refusal – Likelihood of confusion – Risk of unfair advantage being taken of the repute of the earlier marks – Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)

    1.                     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 49-50)

    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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions – Link between the marks (Council Regulation No 40/94, Art. 8(5)) (see paras 62-64)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 May 2008 (Case R 1162/2007‑2) relating to opposition proceedings between Parfums Christian Dior and Consolidated Artists BV.

    Information relating to the case

    Applicant for the Community trade mark:

    Consolidated Artists BV

    Community trade mark sought:

    Figurative mark MANGO adorably for goods in Class 3

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

    Parfums Christian Dior

    Mark or sign cited in opposition:

    French trade mark registration No 33209849 of the word mark ADIORABLE for goods in Class 3; French trade mark registration No 94536564 of the word mark J’ADORE for various goods, amongst which goods in Class 3; international trade mark registration No 811001 of the word mark ADIORABLE for various goods, amongst which goods in Class 3; international trade mark registration No 687422 of the word mark J’ADORE for various goods, amongst which goods in Class 3

    Decision of the Opposition Division:

    Opposition dismissed

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Parfums Christian Dior to pay the costs.

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