ECLI:EU:T:2008:36

Judgment of the Court of First Instance (Fifth Chamber) of 14 February 2008 – Orsay v OHIM – Jiménez Arellano (O orsay) (Case T-39/04) 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 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 49, 52-55) 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. Information relating to the case Applicant for the Community trade mark: Orsay GmbH Community trade mark sought: Word and figurative mark O orsay for goods in Classes 23, 24 and 25 – Application No 1042613 Proprietor of the mark or sign cited in the opposition proceedings: José Jiménez Arellano SA Mark or sign cited in opposition: Spanish and Portuguese figurative mark D’ORSAY, for goods primarily in Class 25 Decision of the Opposition Division: Application for trade mark dismissed for goods (clothing; boots, shoes and slippers; headgear). Opposition dismissed as to the remainder. Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Orsay GmbH to pay the costs.