Judgment of the General Court of 9 July 2010 - Grain Millers v OHIM - Grain Millers (GRAIN MILLERS)
(Community trade mark - Opposition proceedings - Application for Community word mark GRAIN MILLERS - Earlier national business name Grain Millers and its figurative representation - Partial refusal to register - Relative ground for refusal - Likelihood of confusion - Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009))
Language of the case: English
Parties
Applicant: Grain Millers, Inc. (Eden Prairie, Minnesota, United States) (represented by: L.-E. Ström, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: J. Crespo Carrillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Grain Millers GmbH & Co. KG (Bremen, Germany) (R. Böckenholt, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 478/2007-2), concerning opposition proceedings between Grain Millers GmbH & Co. KG and Grain Millers, Inc.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Grain Millers, Inc. to pay the costs.
____________1 - OJ C 313, 6.12.2008.