ECLI:EU:T:2008:39

Judgment of the Court of First Instance (Fourth Chamber) of 14 February 2008 – Usinor v OHIM – Corus UK (GALVALLOY) (Case T-189/05) Community trade mark – Opposition proceedings – Application for Community word mark GALVALLOY – Earlier national word mark GALVALLIA – Relative ground for refusal – Likelihood 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 69, 71-72) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 10 February 2005 (Case R 411/2004‑1) in respect of opposition proceedings between Usinor SA and Corus UK Ltd. Information relating to the case Applicant for the Community trade mark: Corus UK Ltd Community trade mark sought: Word mark GALVALLOY for goods in Class 6 – Application No 796557 Proprietor of the mark or sign cited in the opposition proceedings: Usinor SA Mark or sign cited in opposition: National word mark GALVALLIA for goods in Class 6 Decision of the Opposition Division: Refusal of registration Decision of the Board of Appeal: Decision of the Opposition Division set aside Operative part The Court: 1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 February 2005 (Case R 411/2004‑1); 2. Orders OHIM to bear its own costs and to pay those incurred by Usinor SA; 3. Orders Corus UK Ltd to bear its own costs.