Judgment of the General Court of 27 September 2011 - Brighton Collectibles v OHIM - Felmar (BRIGHTON)
(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(1)(b) and 8(4) of Regulation No 207/2009)
Language of the case: French
Parties
Applicants: Brighton Collectibles, Inc. (Dover, Delaware, USA) (represented by: R. Delorey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Felmar (Paris, France) (represented by: D. Monégier du Sorbier, lawyer)
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 of the judgment
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.
____________1 - OJ C 328, 4.12.2010.