CELEX: 62008TJ0150
Community trade mark
Opposition Proceedings
Application for the Community word mark Clina
Earlier Community word mark CLINAIR
Relative ground of refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2008 (Case R 1484/2006-4) concerning
opposition proceedings between Aldi Einkauf GmbH & Co. OHG and REWE-Zentral AG.
Information relating to the case
Applicant for the Community trade mark:
REWE-Zentral AG
Community trade mark sought:
Word mark Clina for goods in Classes 3 and 21 – Application No 3921079
Proprietor of the mark or sign cited in the opposition proceedings:
Aldi Einkauf GmbH & Co. OHG.
Mark or sign cited in opposition:
Word mark CLINAIR for goods in Classes 3 and 5 (Community trade mark No 1769850)
Decision of the Opposition Division:
Opposition rejected
Decision of the Board of Appeal:
Annulment of the Opposition Division’s decision and rejection of the trade mark application
Operative part
The Court:
1.
Dismisses the action;
2.
Orders REWE-Zentral AG to pay the costs.