Judgment of the General Court (Seventh Chamber) of 14 April 2010 – Laboratorios Byly v OHIM – Ginis (BILLY’S Products)

(Case T-514/08)

Community trade mark – Opposition proceedings – Application for Community figurative mark BILLY’S Products – Earlier Community and national word marks BYLY and byly – 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 40/94, Art. 8(1)(b)) (see paras 22, 62)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 469/2008-2), concerning opposition proceedings between Laboratorios Byly SA and Vasileios Ginis.

Information relating to the case

Applicant for the Community trade mark:	Vasileios Ginis
Community trade mark sought:	Figurative mark BILLY’S Products for goods in Class 3 – Application No 4215273
Proprietor of the mark or sign cited in the opposition proceedings:	Laboratorios Byly, SA
Mark or sign cited in opposition:	Community word marks BYLY (Application No 156216) for goods in Class 3, and byly (Application No 2604015) for goods in Classes 3 and 5, and services in Class 35
Decision of the Opposition Division:	Opposition dismissed
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 September 2008 (Case R 469/2008-2);

2. Orders OHIM to pay the costs.