Judgment of the General Court of 5 December 2012 - Consorzio vino Chianti Classico v OHIM - FFR (F.F.R.)

(Case T-143/11) 

(Community trade mark - Opposition proceedings - Application for a Community figurative mark 'F.F.R.' - Earlier national figurative marks CHIANTI CLASSICO - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009)

Language of the case: English

Parties

Applicant: Consorzio vino Chianti Classico (Radda in Chianti, Italy) (represented by: S. Corona, G. Ciccone and A. Loffredo, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by V. Melgar and G. Mannucci and subsequently by V. Melgar and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Fédération française de rugby (FFR) (Marcoussis, France)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 January 2011 (Case R 43/2010-4), concerning opposition proceedings between Consorzio vino Chianti Classico and Fédération française de rugby (FFR).

Operative part of the judgment

The Court:

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 January 2011 (Case R 43/2010-4) in so far as the Board of Appeal rejected the opposition based on Article 8(5) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark;

Dismisses the action as to the remainder;

Orders Consorzio vino Chianti Classico and OHIM each to bear the costs which they have incurred in the course of the proceedings before the General Court.

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¹ - OJ C 152, 21.5.2011.