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Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008. # Giorgio Beverly Hills, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark GIORGIO BEVERLY HILLS - Earlier national word mark GIORGIO - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-228/06.
ECLI:EU:T:2008:558
62006TJ0228
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(Case T-228/06)
Community trade mark – Opposition proceedings – Application for Community word mark GIORGIO BEVERLY HILLS – Earlier national word mark GIORGIO – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94
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 20, 33)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 June 2006 (Joined Cases R 107/2005-2 and R 187/2005-2), concerning opposition proceedings between WHG Westdeutsche Handelsgesellschaft mbH and Giorgio Beverly Hills, Inc.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark GIORGIO BEVERLY HILLS for goods in Classes 3, 14, 18 and 25 – Application No 417709
Proprietor of the mark or sign cited in the opposition proceedings:
WHG Westdeutsche Handelsgesellschaft mbH
Mark or sign cited in opposition:
National word mark and Community figurative mark GIORGIO for goods in Classes 18, 24 and 25
Decision of the Opposition Division:
Opposition partially upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 June 2006 (Cases R 107/2005-2 and R 187/2005-2) in so far as it dismissed the appeal in Case R 187/2005-2;
2.Orders OHIM to bear its own costs and to pay those incurred by Giorgio Beverly Hills, Inc. during the proceedings before the Court of First Instance;
3.Orders WHG Westdeutsche Handelsgesellschaft mbH to bear its own costs and to pay those incurred by Giorgio Beverly Hills for the purposes of the proceedings before the Board of Appeal of OHIM.