Judgment of the General Court (Second Chamber) of 16 November 2011 – Chabou v OHIM – Chalou (CHABOU)

(Case T-323/10)

Community trade mark – Opposition proceedings – Application for the Community word mark CHABOU – Earlier national and international word marks Chalou – Refusal to register – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 12(a) 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 28-29, 54-56)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 20 May 2010 (Case R 1165/2009-1), relating to opposition proceedings between Chalou GmbH and Chickmouza Chabou.

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Chickmouza Chabou to pay the costs.