Italian publishing company Arnoldo Mondadori Editore SpA has had an appeal dismissed by the General Court in opposition proceedings brought against the registration of the mark GRAZIA. In 2008, Grazia Equity GmbH sought to register a community trade mark in respect of the word sign GRAZIA under Classes 35 and 36 of the Nice Classification (business consultancy and financial services).
Mondadori filed an opposition based on an earlier mark for GRAZIA under Classes 3, 9, 16, 18, 25 and 38. In rejecting the opposition, the Opposition Division of OHIM said that there was no likelihood of confusion as the goods and services concerned were not similar. Mondadori argued before the OHIM Fourth Board of Appeal that an overall assessment of the likelihood of confusion should have been considered, such as the fact that the mark was well known to the relevant public and that Article 8(5) of the Community Trademark Regulation 207/2009 should apply. Mondadori filed a further appeal at the General Court when that argument was rejected and unfounded.