(Case T-151/08)

Community trade mark – Opposition proceedings – Application for Community figurative mark Gallecs – Earlier national and Community figurative marks GALLO, GALLO AZEITE NOVO, GALLO AZEITE – Relative ground for refusal – No likelihood of confusion – Lack of similarity between the signs – 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

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 registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 34-35, 50-56)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 January 2008 (Case R 986/2007-2) relating to opposition proceedings between Victor Guedes – Indústria e Comércio SA and Consorci de l’Espai Rural de Gallecs.

Information relating to the case

Applicant for the Community trade mark:

Consorci de l’Espai Rural de Gallecs

Community trade mark sought:

Figurative mark GALLECS for goods in Classes 29 and 31 – Application No 3710597

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

Victor Guedes – Indústria e Comércio, SA

Mark or sign cited in opposition:

The national figurative mark GALLO for goods in Class 29; the national figurative mark GALLO AZEITE NOVO for goods in Class 29; the national figurative mark AZEITE GALLO for goods in Class 29; the national mark GALLO AZEITE NOVO for goods in Class 29; the Community figurative mark GALLO for goods in Class 29

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 Victor Guedes – Indústria e Comércio SA to pay the costs.