CELEX: 62006TJ0221
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

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.