Judgment of the General Court (Fifth Chamber) of 20 October 2011 – Scatizza v OHIM – Jacinto (Horse Couture)

(Case T-238/10)

Community trade mark – Opposition proceedings – Application for registration of the Community figurative mark Horse Couture – Earlier national figurative mark HORSE – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 207/2009, Art. 8(1)(b)) (see paras 20, 47-49)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 March 2010 (Case R 723/2009‑2) relating to opposition proceedings between Manuel Jacinto, L da and Stephanie Scatizza.

Operative part

The Court:

1. Dismisses the action;

2. Orders Stephanie Scatizza to pay the costs.