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Case T-559/13: Judgment of the General Court of 3 June 2015 — Giovanni Cosmetics v OHIM — Vasconcelos & Gonçalves (GIOVANNI GALLI) (Community trade mark — Opposition proceedings — Application for Community figurative mark GIOVANNI GALLI — Earlier Community word mark GIOVANNI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Distinctive character of a first name and a surname)
ECLI:EU:UNKNOWN:62013TA0559
62013TA0559
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Official Journal of the European Union
C 236/36
(Case T-559/13)
((Community trade mark - Opposition proceedings - Application for Community figurative mark GIOVANNI GALLI - Earlier Community word mark GIOVANNI - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Distinctive character of a first name and a surname))
(2015/C 236/48)
Language of the case: English
Parties
Applicant: Giovanni Cosmetics, Inc. (Rancho Dominguez, California, United States) (represented by: J. van den Berg and M. Meddens-Bakker, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Rajh, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Vasconcelos & Gonçalves, SA (Lisbon, Portugal)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 13 August 2013 (Case R 1189/2012-2) concerning opposition proceedings between Giovanni Cosmetics, Inc. and Vasconcelos & Gonçalves, SA.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Giovanni Cosmetics, Inc. to pay the costs.
(1) OJ C 24, 25.1.2014.
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