Judgments (Information) nº T-97/05 of Court of First Instance of the European Communities, July 12, 2006

• Resolution Date: July 12, 2006
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-97/05

Judgment of the Court of First Instance (Second Chamber) of 12 July 2006 – Rossi v OHIM – Marcorossi (MARCOROSSI)

(Case T-97/05)

Community trade mark – Opposition proceedings – Application for Community word mark MARCOROSSI – Earlier national and international word marks MISS ROSSI – Earlier Community word mark SERGIO ROSSI – Relative ground for refusal – Likelihood of confusion

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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 46-47, 51) Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 226/2003‑2) concerning opposition proceedings between Sergio Rossi SpA and Marcorossi Srl.

Information relating to the case

Applicant for the Community trade mark:

Marcorossi Srl

Community trade mark sought:

Word mark MARCOROSSI (Application No 1.405.869 for goods in Classes 18 and 25) Proprietor of the mark or sign cited in the opposition proceedings:

Sergio Rossi SpA

Mark or sign cited in opposition:

MISS ROSSI (Italian and international mark), for goods in Class 25, SERGIO ROSSI (Italian mark), for goods in Class...