CELEX: 62008TJ0492
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)

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.