Judgment of the Court of First Instance (Fifth Chamber) of 14 February 2008 – Orsay v OHIM – Jiménez Arellano (O orsay)
(Case T-39/04)
Community trade mark – Opposition procedure – Application for the word and figurative trade mark O 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 49, 52-55)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 November 2003 (Case R 394/2002-4) concerning an opposition procedure between José Jiménez Arellano S.A. and Orsay GmbH.
Information relating to the case
Applicant for the Community trade mark:
Orsay GmbH
Community trade mark sought:
Word and figurative mark O orsay for goods in Classes 23, 24 and 25 – Application No 1042613
Proprietor of the mark or sign cited in the opposition proceedings:
José Jiménez Arellano SA
Mark or sign cited in opposition:
Spanish and Portuguese figurative mark D’ORSAY, for goods primarily in Class 25
Decision of the Opposition Division:
Application for trade mark dismissed for goods (clothing; boots, shoes and slippers; headgear). Opposition dismissed as to the remainder.
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Orsay GmbH to pay the costs.
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