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Case T-189/05: Judgment of the Court of First Instance of 14 February 2008 — Usinor v OHIM — Corus UK (GALVALLOY) (Community trade mark — Opposition proceedings — Application for Community word mark GALVALLOY — Earlier national word mark GALVALLIA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62005TA0189
62005TA0189
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Official Journal of the European Union
(Case T-189/05)
(Community trade mark - Opposition proceedings - Application for Community word mark GALVALLOY - Earlier national word mark GALVALLIA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
(2008/C 79/52)
Language of the case: English
Parties
Applicant: Usinor SA (Puteaux, France) (represented by: P. de Candé and J. Blanchard, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Corus UK Ltd (London, United Kingdom) (represented by: S. Malynicz, Barrister)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 10 February 2005 (Case R 411/2004-1) in respect of opposition proceedings between Usinor SA and Corus UK Ltd.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 February 2005 (Case R 411/2004-1);
2.Orders OHIM to bear its own costs and to pay those incurred by Usinor SA;
3.Orders Corus UK Ltd to bear its own costs.
* * *
(1) OJ C 182, 23.7.2005.
ECLI:EU:C:2008:79
(2008/C 79/52)