Judgment of the General Court (Eighth Chamber) of 12 January 2012 – Storck v OHIM – RAI (Ragolizia)
(Case T-462/09)
Community trade mark – Opposition proceedings – Application for Community word mark Ragolizia – Earlier Community word mark FAVOLIZIA – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) 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 207/2009, Art. 8(1)(b)) (see paras 16, 36)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 September 2009 (Case R 1779/2008‑4) concerning opposition proceedings between Radiotelevisione italiana SpA (RAI) and August Storck KG.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders August Storck KG to pay the costs.
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