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Case T-389/11: Judgment of the General Court of 12 July 2012 — Guccio Gucci v OHIM — Chang Qing Qing (GUDDY) (Community trade mark — Opposition proceedings — Application for the Community word mark GUDDY — Earlier Community word mark GUCCI — Relative ground for refusal — Likelihood of confusion — Highly distinctive character of the earlier mark by reason of the public’s recognition of that mark — Evidence — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62011TA0389
62011TA0389
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25.8.2012
Official Journal of the European Union
C 258/20
(Case T-389/11)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the Community word mark GUDDY - Earlier Community word mark GUCCI - Relative ground for refusal - Likelihood of confusion - Highly distinctive character of the earlier mark by reason of the public’s recognition of that mark - Evidence - Article 8(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)
2012/C 258/37
Language of the case: English
Parties
Applicant: Guccio Gucci SpA (Florence, Italy) (represented by: F. Jacobacci, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Chang Qing Qing (Florence)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 14 April 2011 (Case R 143/2010-1), relating to opposition proceedings between Guccio Gucci SpA and Mr Chang Qing Qing
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 14 April 2011 (Case R 143/2010-1) so far as it concerns, first, the goods in Class 9 of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June 1957, as revised and amended, and, secondly, the precious stones and precious metals in Class 14 of that agreement;
2.Orders OHIM to pay the costs.
(<span class="super">1</span>) OJ C 282, 24.9.2011.