Judgment of the Court of First Instance (Fourth Chamber) of 14 February 2008 – Usinor v OHIM – Corus UK (GALVALLOY)
(Case T-189/05)
Community trade mark – Opposition proceedings – Application for Community word mark GALVALLOY – Earlier national word mark GALVALLIA – Relative ground for refusal – 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 69, 71-72)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 10 February 2005 (Case R 411/2004‑1) in respect of opposition proceedings between Usinor SA and Corus UK Ltd.
Information relating to the case
Applicant for the Community trade mark:
Corus UK Ltd
Community trade mark sought:
Word mark GALVALLOY for goods in Class 6 – Application No 796557
Proprietor of the mark or sign cited in the opposition proceedings:
Usinor SA
Mark or sign cited in opposition:
National word mark GALVALLIA for goods in Class 6
Decision of the Opposition Division:
Refusal of registration
Decision of the Board of Appeal:
Decision of the Opposition Division set aside
Operative part
The Court:
1.
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 February 2005 (Case R 411/2004‑1);
2.
Orders OHIM to bear its own costs and to pay those incurred by Usinor SA;
3.
Orders Corus UK Ltd to bear its own costs.
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