Judgment of the General Court of 16 December 2009 - Giordano Enterprises v OHIM - Dias Magalhães & Filhos (GIORDANO)
(Community trade mark - Opposition proceedings - Application for the Community word mark GIORDANO - Earlier national word mark GIORDANO - Relative ground for refusal - Likelihood of confusion - Partial refusal of registration - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Language of the case: English
Parties
Applicant: Giordano Enterprises Ltd (F.T. Labuan, Malaysia) (represented by: M. Nentwig, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Montguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: José Dias Magalhães & Filhos Lda (Arrifana Vfr, Portugal) (represented by: J.M. João, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 28 July 2008 (Case R 1864/2007-2) relating to opposition proceedings between José Dias Magalhães & Filhos Lda and Giordano Enterprises Ltd.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Giordano Enterprises Ltd. to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs).
____________1 - OJ C 19, 24.1.2009.