Judgment of the General Court (First Chamber) of 23 February 2010 – Özdemir v OHIM – Aktieselskabet af 21. november 2001 (James Jones)
(Case T-11/09)
Community trade mark – Opposition proceedings – Application for the Community word mark James Jones – Earlier Community word mark JACK & JONES – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 8(1)(b)) (see paras 21, 38)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 November 2008 (Case R 858/2007-2), concerning opposition proceedings between Aktieselskabet af 21. november 2001 and Mr Rahmi Özdemir. |
Information relating to the case
Applicant for the Community trade mark: | Rahmi Özdemir |
Community trade mark sought: | Word mark James Jones for goods in Class 25 |
Proprietor of the mark or sign cited in the opposition proceedings: | Aktieselskabet af 21. november 2001 |
Mark or sign cited in opposition: | Community trade mark registration No 1107747 of the word mark JACK & JONES for goods in Classes 3, 18 and 25; United Kingdom trade mark registration No 2063437 of the word mark JACK & JONES for goods in Class 25; Benelux trade mark registration No 474622 of the word mark JACK & JONES for goods in Class 25; Denmark trade mark registration No VR 1990 06569 of the word mark JACK & JONES for goods in Class 25 |
Decision of the Opposition Division: | Opposition upheld |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
2. | | Orders Mr Rahmi Özdemir to pay the costs. |