Judgment of the Court of First Instance (First Chamber) of 15 September 2009 – Parfums Christian Dior v OHIM – Consolidated Artists (MANGO adorably)
(Case T-308/08)
Community trade mark – Opposition proceedings – Application for Community figurative mark MANGO adorably – Earlier national and international word marks J’ADORE and ADIORABLE – Relative grounds for refusal – Likelihood of confusion – Risk of unfair advantage being taken of the repute of the earlier marks – 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)
1. 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 49-50)
2. 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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions – Link between the marks (Council Regulation No 40/94, Art. 8(5)) (see paras 62-64)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 May 2008 (Case R 1162/2007‑2) relating to opposition proceedings between Parfums Christian Dior and Consolidated Artists BV.
Information relating to the case
Applicant for the Community trade mark:
Consolidated Artists BV
Community trade mark sought:
Figurative mark MANGO adorably for goods in Class 3
Proprietor of the mark or sign cited in the opposition proceedings:
Parfums Christian Dior
Mark or sign cited in opposition:
French trade mark registration No 33209849 of the word mark ADIORABLE for goods in Class 3; French trade mark registration No 94536564 of the word mark J’ADORE for various goods, amongst which goods in Class 3; international trade mark registration No 811001 of the word mark ADIORABLE for various goods, amongst which goods in Class 3; international trade mark registration No 687422 of the word mark J’ADORE for various goods, amongst which goods in Class 3
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 Parfums Christian Dior to pay the costs.
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