Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Guedes – Indústria e Comércio v OHIM – Espai Rural de Gallecs (Gallecs)
(Case T-151/08)
Community trade mark – Opposition proceedings – Application for Community figurative mark Gallecs – Earlier national and Community figurative marks GALLO, GALLO AZEITE NOVO, GALLO AZEITE – Relative ground for refusal – No likelihood of confusion – Lack of similarity between the signs – Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
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 34-35, 50-56)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 January 2008 (Case R 986/2007-2) relating to opposition proceedings between Victor Guedes – Indústria e Comércio SA and Consorci de l’Espai Rural de Gallecs.
Information relating to the case
Applicant for the Community trade mark:
Consorci de l’Espai Rural de Gallecs
Community trade mark sought:
Figurative mark GALLECS for goods in Classes 29 and 31 – Application No 3710597
Proprietor of the mark or sign cited in the opposition proceedings:
Victor Guedes – Indústria e Comércio, SA
Mark or sign cited in opposition:
The national figurative mark GALLO for goods in Class 29; the national figurative mark GALLO AZEITE NOVO for goods in Class 29; the national figurative mark AZEITE GALLO for goods in Class 29; the national mark GALLO AZEITE NOVO for goods in Class 29; the Community figurative mark GALLO for goods in Class 29
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Victor Guedes – Indústria e Comércio SA to pay the costs.
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