CELEX: 62011TJ0333
Community trade mark
Opposition proceedings
Application for Community figurative mark star foods
Earlier Community word and figurative marks STAR SNACKS
Relative ground for refusal
Likelihood of confusion
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 April 2011 (Case R 1837/2010-4) relating to
opposition proceedings between Mr Nicolas Wessang and Greinwald GmbH.
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 15 April 2011 (Case R 1837/2010-4) in relation to goods falling within Classes 29, 30 and, with the exception
of ‘beers’, within Class 32 within the meaning of the Nice Agreement Concerning the International Classification of Goods
and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;
2.
Dismisses the action as to the remainder;
3.
Orders OHIM to bear its own costs and three quarters of the costs of Mr Nicolas Wessang;
4.
Orders Mr Wessang to bear one quarter of his own costs;
5.
Orders Greinwald GmbH to bear its own costs.