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Case T-483/08: Judgment of the General Court of 16 December 2009 — Giordano Enterprises v OHIM — Dias Magalhães & Filhos (GIORDANO) (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))
ECLI:EU:UNKNOWN:62008TA0483
62008TA0483
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13.2.2010
Official Journal of the European Union
C 37/36
(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))
2010/C 37/48
Language of the case: English
Parties
Applicant: Giordano Enterprises Ltd (F.T. Labuan, Malaysia) (represented by: M. Nentwig, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Montguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: José Dias Magalhães & Filhos Lda (Arrifana Vfr, Portugal) (represented by: J.M. João, lawyer)
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.
Operative part of the judgment
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).
(1) OJ C 19, 24.1.2009.