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Document 62010TJ0238
Judgment of the General Court (Fifth Chamber) of 20 October 2011. # Stephanie Scatizza v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark Horse Couture - Earlier national figurative mark HORSE - 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). # Case T-238/10.
Judgment of the General Court (Fifth Chamber) of 20 October 2011.
Stephanie Scatizza v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark Horse Couture - Earlier national figurative mark HORSE - 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).
Case T-238/10.
Judgment of the General Court (Fifth Chamber) of 20 October 2011.
Stephanie Scatizza v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark Horse Couture - Earlier national figurative mark HORSE - 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).
Case T-238/10.
European Court Reports 2011 II-00372*
ECLI identifier: ECLI:EU:T:2011:613
Judgment of the General Court (Fifth Chamber) of 20 October 2011 – Scatizza v OHIM – Jacinto (Horse Couture)
(Case T-238/10)
Community trade mark – Opposition proceedings – Application for registration of the Community figurative mark Horse Couture – Earlier national figurative mark HORSE – 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 207/2009, Art. 8(1)(b)) (see paras 20, 47-49)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 March 2010 (Case R 723/2009‑2) relating to opposition proceedings between Manuel Jacinto, L | da | and Stephanie Scatizza. |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Stephanie Scatizza to pay the costs. |