Community trade mark - Opposition proceedings - Application for Community word mark GRAIN MILLERS - Earlier national business name Grain Millers and its figurative representation - Partial refusal to register - Relative ground for refusal - Likelihood of confusion - Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009).

Judgment of the General Court (Seventh Chamber) of 9 July 2010 – Grain Millers v OHIM – Grain Millers (GRAIN MILLERS) (Case T-430/08) Community trade mark – Opposition proceedings – Application for Community word mark GRAIN MILLERS – Earlier national business name Grain Millers and its figurative representation – Partial refusal of registration – Relative ground for refusal – Likelihood of confusion – Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009) Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the holder of an unregistered mark or other sign used in trade – Use of the sign in trade – Meaning (Council Regulation No 40/94, Art. 8(4)) (see para. 28) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 478/2007‑2), concerning opposition proceedings between Grain Millers GmbH & Co. KG and Grain Millers, Inc. Information relating to the case Applicant for the Community trade mark: Grain Millers, Inc. Community trade mark sought: Word mark GRAIN MILLERS for goods in Classes 29, 30 and 31 – application No 365 0256 Proprietor of the mark or sign cited in the opposition proceedings: Grain Millers GmbH & Co. KG Mark or sign cited in opposition: German business designation GRAIN MILLERS and its figurative version Decision of the Opposition Division: Opposition dismissed in part Decision of the Board of Appeal: Appeal dismissed in part Operative part The Court: 1. Dismisses the action; 2. Orders Grain Millers, Inc. to pay the costs.