Judgment of the General Court (Second Chamber) of 10 May 2011 – Emram v OHIM – Guccio Gucci (G)

(Case T-187/10)

Community trade mark – Opposition proceedings – Application for the Community figurative mark G – Earlier national and Community figurative marks G – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

1.                     Community trade mark – Definition and acquisition of the Community trade mark – Signs capable of constituting a mark – Signs composed of a letter or combination of letters – 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 – Criteria for assessment (Council Regulation No 207/2009, Arts 4, 7 and 8(1)(b)) (see para. 49)

2.                     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 55, 74, 78)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 11 February 2010 (Case R 1281/2008-1), concerning opposition proceedings between Guccio Gucci SpA and Mr Maurice Emram.

Information relating to the case

Applicant for the Community trade mark:	Maurice Emram
Community trade mark sought:	Figurative trade mark G for goods in Classes 9, 18 and 25 – Application No 2421402
Proprietor of the mark or sign cited in the opposition proceedings:	Guccio Gucci SpA
Mark or sign cited in opposition:	Community and national figurative trade marks G for goods in Classes 9, 18 and 25
Decision of the Opposition Division:	Opposition dismissed
Decision of the Board of Appeal:	Decision of the Opposition Division annulled; registration refused

Operative part

The Court:

1. 1. Dismisses the action;

2. 2. Orders Mr Maurice Emram to pay the costs.