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Judgment of the General Court (Fourth Chamber) of 7 July 2010. # Valigeria Roncato SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for community word mark CARLO RONCATO - Unregistered national figurative and word marks RV RONCATO and RONCATO - Earlier national figurative and word marks RV RONCATO and RONCATO - No likelihood of unfair advantage being taken of the distinctive character and repute of the earlier marks - Due cause for the use of the mark applied for - Relative grounds for refusal - Article 8(4) and (5) of Regulation (EC) No 40/94 (now Article 8(4) and (5) of Regulation (EC) No 207/2009). # Case T-124/09.
ECLI:EU:T:2010:290
62009TJ0124
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(Case T-124/09)
Community trade mark – Opposition proceedings – Application for community word mark CARLO RONCATO – Unregistered national figurative and word marks RV RONCATO and RONCATO – Earlier national figurative and word marks RV RONCATO and RONCATO – No likelihood of unfair advantage being taken of the distinctive character and repute of the earlier marks – Due cause for the use of the mark applied for – Relative grounds for refusal – Article 8(4) and (5) of Regulation (EC) No 40/94 (now Article 8(4) and (5) of Regulation (EC) No 207/2009)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 23 January 2009 (Cases R 237/2008 1 and R 236/2008 1) relating to opposition proceedings between Valigeria Roncato SpA and Roncato Srl.
Information relating to the case
Applicant for the Community trade mark:
Roncato Srl
Community trade mark sought:
Word mark CARLO RONCATO for goods in Classes 3, 9 and 14 – Application No 4631719
Proprietor of the mark or sign cited in the opposition proceedings:
Mark or sign cited in opposition:
Italian figurative mark RV RONCATO (No 622773), Italian word mark RONCATO (No 510528) and non‑registered Italian figurative marks RV RONCATO
Decision of the Opposition Division:
Opposition upheld in part
Decision of the Board of Appeal:
Opposition dismissed; Application for registration upheld in its entirety
Operative part
The Court:
1.Dismisses the action;
2.Orders Valigeria Roncato SpA to pay the costs.