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Case T-403/10: Judgment of the General Court of 27 September 2011 — Brighton Collectibles v OHIM — Felmar (BRIGHTON) (Community trade mark — Opposition procedure — Application for Community word mark BRIGHTON — National word and figurative marks BRIGHTON and earlier signs BRIGHTON — Relative grounds for refusal — Article 8(1)(b) and 8(2)(c) of Regulation (EC) No 207/2009 — Article 8(1)(b) and 8(4) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62010TA0403
62010TA0403
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12.11.2011
Official Journal of the European Union
C 331/20
(Case T-403/10)(1)
(Community trade mark - Opposition procedure - Application for Community word mark ‘BRIGHTON’ - National word and figurative marks ‘BRIGHTON’ and earlier signs ‘BRIGHTON’ - Relative grounds for refusal - Article 8(1)(b) and 8(2)(c) of Regulation (EC) No 207/2009 - Article 8(1)(b) and 8(4) of Regulation No 207/2009)
2011/C 331/37
Language of the case: French
Parties
Applicants: Brighton Collectibles, Inc. (Dover, Delaware, USA) (represented by: R. Delorey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Felmar (Paris, France) (represented by: D. Monégier du Sorbier, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 June 2010 (Case R 408/2009-4) concerning an opposition procedure between Brighton Collectibles Inc. and Felmar.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Brighton Collectibles Inc. to bear its own costs and to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);
3.Orders Felmar to bear its own costs.
OJ C 328, 4.12.2010.