(Case T-308/08)

Community trade mark – Opposition proceedings – Application for Community figurative mark MANGO adorably – Earlier national and international word marks J’ADORE and ADIORABLE – Relative grounds for refusal – Likelihood of confusion – Risk of unfair advantage being taken of the repute of the earlier marks – Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 May 2008 (Case R 1162/2007‑2) relating to opposition proceedings between Parfums Christian Dior and Consolidated Artists BV.

Information relating to the case

Applicant for the Community trade mark:

Consolidated Artists BV

Community trade mark sought:

Figurative mark MANGO adorably for goods in Class 3

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

Mark or sign cited in opposition:

French trade mark registration No 33209849 of the word mark ADIORABLE for goods in Class 3; French trade mark registration No 94536564 of the word mark J’ADORE for various goods, amongst which goods in Class 3; international trade mark registration No 811001 of the word mark ADIORABLE for various goods, amongst which goods in Class 3; international trade mark registration No 687422 of the word mark J’ADORE for various goods, amongst which goods in Class 3

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Parfums Christian Dior to pay the costs.