Judgment of the General Court (Seventh Chamber) of 27 January 2010 – REWE‑Zentral v OHIM – Grupo Corporativo Teype (Solfrutta)
(Case T-331/08)
Community trade mark – Opposition proceedings – Application for Community word mark Solfrutta – Earlier Community word mark FRUTISOL – Relative grounds for refusal – Likelihood of confusion – Partial refusal of registration – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
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 15, 27-30)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 May 2008 (Case R 1679/2007-2) relating to opposition proceedings between Grupo Corporativo Teype, SL and REWE-Zentral AG.
Information relating to the case
Applicant for the Community trade mark:
REWE-Zentral AG
Community trade mark sought:
The word mark Solfrutta for goods in Classes 29, 30 and 32
Proprietor of the mark or sign cited in the opposition proceedings:
Grupo Corporativo Teype, SL
Mark or sign cited in opposition:
Community trade mark registration No 1687722 of the word mark FRUTISOL for goods in Class 32; Spanish trade mark registration No 2018327 of the word mark FRUTISOL for goods in Class 32
Decision of the Opposition Division:
Opposition partially upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Annuls the decision of the Second Board of Appeal of OHIM of 21 May 2008 (Case R 1679/2007-2);
2.
Orders OHIM to pay the costs.
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