Judgment of the Court of First Instance of 14 February 2008 - Orsay v OHIM - Jiménez Arellano (O orsay)
(Community trade mark - Opposition procedure - Application for the word and figurative trade mark O orsay - Earlier national word and figurative trade mark D'ORSAY - Ground for refusal - Risk of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: German
Parties
Applicant: Orsay GmbH (Willstät, Germany) (represented by: D. von Schultz and S. Elbe, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially, by: U. Pfeghar, later by: G. Schneider, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: José Jiménez Arellano S.A. (Madrid, Spain) (represented initially, by: J. Astiz Suárez, later by: S. Hernán-Carrillo Portolés and finally by: A. Tarí Lázaro, lawyers,
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 November 2003 (Case R 394/2002-4) concerning an opposition procedure between José Jiménez Arellano S.A. and Orsay GmbH.
Operative part of the judgment
1. The application is dismissed;
2. Orsay GmbH is ordered to pay the costs.
____________1 - OJ C 106, of 30.4.2004.