Judgment of the General Court (First Chamber) of 11 May 2010 – Wessang v OHIM – Greinwald (star foods)
(Case T-492/08)
Community trade mark – Opposition proceedings – Application for the figurative Community trade mark star foods – Earlier Community figurative and word marks STAR SNACKS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation 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 19, 59-60)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 17 September 2008 (Case R 1408/2007-4) relating to opposition proceedings between Nicolas Wessang and Greinwald GmbH.
Information relating to the case
Applicant for the Community trade mark:
Greinwald GmbH
Community trade mark sought:
Figurative mark star foods in Classes 29, 30 and 32 – Application No 4105615
Proprietor of the mark or sign cited in the opposition proceedings:
Nicolas Wessang
Mark or sign cited in opposition:
Community figurative and word marks STAR SNACKS for goods in Classes 29, 30 and 31
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Decision of the Opposition Division annulled and the opposition dismissed
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 17 September 2008 (Case R 1408/2007-4);
2.
Orders Greinwald GmbH to pay its own costs and one third of those of Nicolas Wessang;
3.
Orders Mr Wessang to pay two thirds of his own costs;
4.
Orders OHIM to pay its own costs.
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