CELEX: 62008TJ0331
Community trade mark
Opposition proceedings
Application for Community word mark Solfrutta
Earlier Community word mark FRUTISOL
Relative grounds for refusal
Likelihood of confusion
Partial refusal of registration
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 Second Board of Appeal of OHIM of 21 May 2008 (Case R 1679/2007-2) relating to
opposition proceedings between Grupo Corporativo Teype, SL and REWE-Zentral AG.
Information relating to the case
Applicant for the Community trade mark:
REWE-Zentral AG
Community trade mark sought:
The word mark Solfrutta for goods in Classes 29, 30 and 32
Proprietor of the mark or sign cited in the opposition proceedings:
Grupo Corporativo Teype, SL
Mark or sign cited in opposition:
Community trade mark registration No 1687722 of the word mark FRUTISOL for goods in Class 32; Spanish trade mark registration
No 2018327 of the word mark FRUTISOL for goods in Class 32
Decision of the Opposition Division:
Opposition partially upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Annuls the decision of the Second Board of Appeal of OHIM of 21 May 2008 (Case R 1679/2007-2);
2.
Orders OHIM to pay the costs.