Judgment of the General Court (Fourth Chamber) of 13 September 2011 – Ruiz de la Prada de Sentmenat v OHIM – Quant Cosmetics Japan (AGATHA RUIZ DE LA PRADA)

(Case T-523/08)

Community trade mark – Opposition proceedings – Application for Community figurative mark AGATHA RUIZ DE LA PRADA – Earlier national and Community figurative marks representing a black and white flower – 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 25, 31, 49, 62)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 17 September 2008 (Case R 1522/2007-1), relating to opposition proceedings between Mary Quant Cosmetics Japan Ltd and Agatha Ruiz de la Prada de Sentmenat.

Operative part

The Court:

1. Dismisses the action;

2. Orders Agatha Ruiz de la Prada de Sentmenat to pay the costs.