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Case T-124/09: Judgment of the General Court of 7 July 2010 — Valigeria Roncato v OHIM –Roncato (CARLO RONCATO) (Community trade mark — Opposition proceedings — Application for community word mark CARLO RONCATO — Unregistered national figurative and word marks RV RONCATO and RONCATO — Earlier national figurative and word marks RV RONCATO and RONCATO — No likelihood of unfair advantage being taken of the distinctive character and repute of the earlier marks — Due cause for the use of the mark applied for — Relative grounds for refusal — Article 8(4) and (5) of Regulation (EC) No 40/94 (now Article 8(4) and (5) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62009TA0124
62009TA0124
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Valentina R., lawyer
14.8.2010
Official Journal of the European Union
C 221/43
(Case T-124/09) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for community word mark CARLO RONCATO - Unregistered national figurative and word marks RV RONCATO and RONCATO - Earlier national figurative and word marks RV RONCATO and RONCATO - No likelihood of unfair advantage being taken of the distinctive character and repute of the earlier marks - Due cause for the use of the mark applied for - Relative grounds for refusal - Article 8(4) and (5) of Regulation (EC) No 40/94 (now Article 8(4) and (5) of Regulation (EC) No 207/2009))
2010/C 221/70
Language of the case: Italian
Parties
Applicant: Valigeria Roncato SpA (Campodarsego, Italy) (represented by: P. Perani and P. Pozzi, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Roncato Srl (Campodarsego) (represented by: M. Cartella and M. Fazzini, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 23 January 2009 (Cases R 237/2008-1 and R 236/2008-1) relating to opposition proceedings between Valigeria Roncato SpA and Roncato Srl.
Operative part of the judgment
The Court:
1.dismisses the action;
2.orders Valigeria Roncato SpA to pay the costs.
(<span class="super">1</span>) OJ C 129, of 6.6.2009.