CELEX: 62006TJ0265
Community trade mark
Opposition proceedings
Application for Community figurative mark PIAZZA del SOLE
Earlier national and international word marks PIAZZA and PIAZZA D’ORO
Relative ground for refusal
Lack of likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94
Lack of similarity of the signs

ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 July 2006 (Case R 235/2005‑2) concerning opposition
proceedings between Sara Lee/DE NV and Cooperativa italiana di ristorazione Soc. Coop. rl.
Information relating to the case
Applicant for the Community trade mark:
Cooperativa italiana di ristorazione Soc. coop. rl
Community trade mark sought:
Word mark PIAZZA del SOLE for goods and services in Classes 16, 21, 25, 29, 30, 35, 36 and 42 – Application No 1518901
Proprietor of the mark or sign cited in the opposition proceedings:
Sara Lee/DE NV
Marks or signs cited in opposition:
National and international word mark PIAZZA and PIAZZA D’ORO for goods in Classes 21, 29, 30 and 42
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Sara Lee/DE NV to pay the costs.