(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

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 69, 71-72)

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.

Information relating to the case

Applicant for the Community trade mark:

Corus UK Ltd

Community trade mark sought:

Word mark GALVALLOY for goods in Class 6 – Application No 796557

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

Mark or sign cited in opposition:

National word mark GALVALLIA for goods in Class 6

Decision of the Opposition Division:

Refusal of registration

Decision of the Board of Appeal:

Decision of the Opposition Division set aside

Operative part

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.