(Case T-378/04)

Community trade mark – Opposition procedure – Application for the word and figurative trade mark Orsay – Earlier national word and figurative trade mark D'ORSAY – Ground for refusal – Risk 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 43-45)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 June 2004 (Case R 909/2002-4) concerning an opposition procedure between José Jiménez Arellano S.A. and Orsay GmbH.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word and figurative mark Orsay for goods in Classes 23, 24 and 25 – Application No 1042605

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

José Jiménez Arellano, SA

Mark or sign cited in opposition:

National word and figurative mark D’ORSAY

Decision of the Opposition Division:

Refusal of registration

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Orsay GmbH to pay the costs.