Judgment of the General Court (First Chamber) of 7 December 2011.#El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Opposition proceedings - Application for the Community word mark ALIA - Earlier Community figurative mark ALAÏA PARIS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009.#Case T-152/10.

Subject of the case

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 February 2010 (Case R 924/2008-4), relating to opposition proceedings between Mr Azzedine Alaïa and El Corte Inglés, SA.

Operative part

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 February 2010 (Case R 924/2008-4) in so far as the Board of Appeal excluded the goods in Class 3 corresponding to the description ‘Perfumery, essential oils, cosmetics, hair lotions; dentifrices’ from its analysis of the likelihood of confusion between the marks at issue;

2. Dismisses the action as to the remainder;

3. Orders El Corte Inglés, SA, OHIM and Mr Azzedine Alaïa each to bear their own costs.