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Case T-309/08: Judgment of the General Court of 21 January 2010 — G-Star Raw Denim v OHIM — ESGW (G Stor) (Community trade mark — Opposition proceedings — Application for the Community figurative mark G Stor — Earlier national and Community word and figurative marks G-STAR and G-STAR RAW DENIM — Relative ground for refusal — Absence of similarity between the marks — Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62008TA0309
62008TA0309
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13.3.2010
Official Journal of the European Union
C 63/46
(Case T-309/08) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark G Stor - Earlier national and Community word and figurative marks G-STAR and G-STAR RAW DENIM - Relative ground for refusal - Absence of similarity between the marks - Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EC) No 207/2009))
2010/C 63/81
Language of the case: English
Parties
Applicant: G-Star Raw Denim kft (Budapest, Hungary) (represented by: G. Vos, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and J. Novais Gonçalves, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: ESGW Holdings Ltd (Road Town, British Virgin Islands, United Kingdom)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 14 April 2008 (R 1232/2007-1), relating to opposition proceedings between G-Star Raw Denim kft and ESGW Holdings Ltd
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders G-Star Raw Denim kft to pay the costs.
(<span class="super">1</span>) OJ C 260, 11.10.2008.