Judgment of the General Court (Second Chamber) of 24 January 2012 – El Corte Inglés v OHIM – Ruan (B)

(Case T-593/10)

Community trade mark – Opposition proceedings – Application for Community figurative mark containing the letter ‘B’ – Earlier Community figurative mark containing the letter ‘B’ – Likelihood of confusion – 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 207/2009, Art. 8(1)(b)) (see paras 20, 47-49)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 4 October 2010 (Case R 576/2010-2) relating to opposition proceedings between El Corte Inglés and Jian Min Ruan.

Operative part

The Court:

1. Dismisses the action;

2. Orders El Corte Inglès, SA to pay the costs.