Judgment of the General Court (Second Chamber) of 27 September 2011 – Brighton Collectibles v OHIM – Felmar (BRIGHTON)

(Case T-403/10)

Community trade mark – Opposition procedure – Application for Community word mark BRIGHTON – National word and figurative marks BRIGHTON and earlier signs BRIGHTON – Relative grounds for refusal – Article 8(1)(b) and 8(2)(c) of Regulation (EC) No 207/2009 – Article 8(4) of Regulation 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 44-47)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 June 2010 (Case R 408/2009-4) concerning an opposition procedure between Brighton Collectibles Inc. and Felmar.

Operative part

The Court:

1. Dismisses the action;

2. Orders Brighton Collectibles Inc. to bear its own costs and to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. Orders Felmar to bear its own costs.