Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Hipp & Co v OHIM – Laboratorios Ordesa (Bebimil)
(Case T-221/06)
Community trade mark – Opposition procedure – Application for Community word mark Bebimil – Earlier Community and national word marks BLEMIL – Earlier national word mark BLEMIL 1 – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – 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 – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 39-42, 70-74)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 2 June 2006 (Case R 571/2005-1), relating to opposition proceedings between Laboratorios Ordesa, SL and Hipp & Co. KG.
Information relating to the case
Applicant for the Community trade mark:
Hipp & Co. KG
Community trade mark sought:
Community word mark Bebimil for goods in Classes 5, 29, 30 and 32
Proprietor of the mark or sign cited in the opposition proceedings:
Laboratorios Ordesa, SL
Mark or sign cited in opposition:
Community word mark BLEMIL for goods in Classes 5 and 29 and national word marks BLEMIL and BLEMIL 1
Decision of the Opposition Division:
Opposition partially upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1. Dismisses the action;
2. Orders Hipp & Co. KG to pay the costs.
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