Community trade mark - Opposition proceedings - Application for the Community word mark CHABOU - Earlier national and international word marks Chalou - Refusal to register - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 12(a) of Regulation (EC) No 207/2009.

Judgment of the General Court (Second Chamber) of 16 November 2011 – Chabou v OHIM – Chalou (CHABOU) (Case T-323/10) Community trade mark – Opposition proceedings – Application for the Community word mark CHABOU – Earlier national and international word marks Chalou – Refusal to register – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 12(a) 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 28-29, 54-56) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 20 May 2010 (Case R 1165/2009-1), relating to opposition proceedings between Chalou GmbH and Chickmouza Chabou. Operative part The Court: 1. Dismisses the action; 2. Orders Mr Chickmouza Chabou to pay the costs.