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Judgment of the General Court (Eighth Chamber) of 15 December 2010. # Luciano Bianchin v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark GASOLINE - Earlier Community figurative mark GAS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-380/09.
ECLI:EU:T:2010:521
62009TJ0380
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(Case T-380/09)
Community trade mark – Invalidity proceedings – Community word mark GASOLINE – Earlier Community figurative mark GAS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 July 2009 (Case R 1455/2008-2) relating to invalidity proceedings between Grotto SpA and Luciano Bianchin.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Word mark GASOLINE for goods in Class 9 – Community mark No 2901064
Proprietor of the Community trade mark:
Party requesting the declaration of invalidity of the Community trade mark:
Grotto SpA
Trade mark of the party seeking cancellation:
Italian figurative mark composed of the word element GAS (Keep it simple.) (Registration Nos 959343 and 876729) for, inter alia, goods in Class 9, and figurative Community trade mark composed of the word element GAS (No 2867463) for goods in Class 9
Decision of the Cancellation Division:
Application granted; registration of the Community trade mark declared invalid
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Luciano Bianchin to pay the costs.