Judgment of the General Court of 7 July 2010 — Valigeria Roncato v OHIM –Roncato (CARLO RONCATO)

(Case T-124/09) (1)

(Community trade mark - Opposition proceedings - Application for community word mark CARLO RONCATO - Unregistered national figurative and word marks RV RONCATO and RONCATO - Earlier national figurative and word marks RV RONCATO and RONCATO - No likelihood of unfair advantage being taken of the distinctive character and repute of the earlier marks - Due cause for the use of the mark applied for - Relative grounds for refusal - Article 8(4) and (5) of Regulation (EC) No 40/94 (now Article 8(4) and (5) of Regulation (EC) No 207/2009))

2010/C 221/70

Language of the case: Italian

Parties

Applicant: Valigeria Roncato SpA (Campodarsego, Italy) (represented by: P. Perani and P. Pozzi, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Roncato Srl (Campodarsego) (represented by: M. Cartella and M. Fazzini, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 January 2009 (Cases R 237/2008-1 and R 236/2008-1) relating to opposition proceedings between Valigeria Roncato SpA and Roncato Srl.

Operative part of the judgment

The Court:

(1)  OJ C 129, of 6.6.2009.