CELEX: 62008TJ0374
Community trade mark
Opposition proceedings
Application for the Community figurative mark TOP CRAFT
Earlier national figurative marks Krafft
Relative ground for 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)
Genuine use of the earlier marks
Article 43(2) of Regulation No 40/94 (now Article 42(2) of Regulation No 207/2009) and Rule 22 of Regulation (EC) No 2868/95

ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 June 2008 (Case R 952/2007-2), relating to
opposition proceedings between Illinois Tools Works, Inc. and Aldi Einkauf GmbH & Co. OHG.
Operative part
The Court:
1.
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 25 June 2008 (Case R 952/2007-2), relating to opposition proceedings between Illinois Tools Works, Inc.
and Aldi Einkauf GmbH & Co. OHG);
2.
Orders OHIM to pay the costs.