(Case T-309/08)

Community trade mark – Opposition proceedings – Application for the Community figurative mark G Stor – Earlier national and Community word and figurative marks G-STAR and G-STAR RAW DENIM – Relative ground for refusal – Absence of similarity between the marks – Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EC) No 207/2009

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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see paras 25, 36, 38)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 14 April 2008 (R 1232/2007-1), relating to opposition proceedings between G‑Star Raw Denim kft and ESGW Holdings Ltd.

Information relating to the case

Applicant for the Community trade mark:

ESWG Holdings Ltd

Community trade mark sought:

The figurative mark ‘G Stor’ for goods in Class 9

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

Mark or sign cited in opposition:

Benelux trade mark registration No 545551 of the word mark ‘G‑STAR’ for goods in Class 25; Community trade mark registration No 3445401 of the word/figurative mark ‘G‑STAR’ for goods in Classes 9 and 25; Community trade mark registration No 3444262 of the word mark ‘G‑Star’ for goods in Classes 9 and 25; earlier well‑known trade mark ‘G‑Star’ protected in various countries for goods in Class 25; Community trade mark registration No 3444171 of the mark ‘G‑STAR RAW DENIM’ for goods in Classes 9 and 35; Netherlands trade name G‑Star International BV

Decision of the Opposition Division:

Opposition upheld; application dismissed in its entirety

Decision of the Board of Appeal:

Contested decision annulled; opposition dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders G-Star Raw Denim kft to pay the costs.