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Case T-430/08: Judgment of the General Court of 9 July 2010 — Grain Millers v OHIM — Grain Millers (GRAIN MILLERS) (Community trade mark — Opposition proceedings — Application for Community word mark GRAIN MILLERS — Earlier national business name Grain Millers and its figurative representation — Partial refusal to register — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62008TA0430
62008TA0430
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28.8.2010
Official Journal of the European Union
C 234/34
(Case T-430/08)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community word mark GRAIN MILLERS - Earlier national business name Grain Millers and its figurative representation - Partial refusal to register - Relative ground for refusal - Likelihood of confusion - Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009))
2010/C 234/59
Language of the case: English
Parties
Applicant: Grain Millers, Inc. (Eden Prairie, Minnesota, United States) (represented by: L.-E. Ström, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: J. Crespo Carrillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Grain Millers GmbH & Co. KG (Bremen, Germany) (R. Böckenholt, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 478/2007-2), concerning opposition proceedings between Grain Millers GmbH & Co. KG and Grain Millers, Inc.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Grain Millers, Inc. to pay the costs.
(<span class="super">1</span>) OJ C 313, 6.12.2008.