Judgment of the General Court (Eighth Chamber) of 15 December 2010 – Bianchin v OHIM – Grotto (GASOLINE)

(Case T-380/09)

Community trade mark – Invalidity proceedings – Community word mark GASOLINE – Earlier Community figurative mark GAS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

1.                     Procedure – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application is based – Absence – Inadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 17)

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 – Similarity of the marks concerned – Possibility of a visual similarity between a figurative mark and a word mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 34)

3.                     Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(1)(b) of Regulation No 207/2009 (Council Regulation No 207/2009, Arts 8(1)(b) and 53(1)(a)) (see paras 28, 30, 42, 52)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 July 2009 (Case R 1455/2008-2) relating to invalidity proceedings between Grotto SpA and Luciano Bianchin.

Information relating to the case

Registered Community trade mark of which cancellation sought:	Word mark GASOLINE for goods in Class 9 – Community mark No 2901064
Proprietor of the Community trade mark:	Luciano Bianchin
Party requesting the declaration of invalidity of the Community trade mark:	Grotto SpA
Trade mark of the party seeking cancellation:	Italian figurative mark composed of the word element GAS (Keep it simple.) (Registration Nos 959343 and 876729) for, inter alia, goods in Class 9, and figurative Community trade mark composed of the word element GAS (No 2867463) for goods in Class 9
Decision of the Cancellation Division:	Application granted; registration of the Community trade mark declared invalid
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. 1. Dismisses the action;

2. 2. Orders Luciano Bianchin to pay the costs.