CELEX: 62009TJ0471
Community trade mark
Opposition proceedings
Application for Community word mark ‘Buonfatti’
Earlier Benelux word mark Bonfait
No 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 2 October 2009 (Case R 340/2007-4) relating to
opposition proceedings between Bonfait BV and Dr. August Oetker Nahrungsmittel KG.
Information relating to the case
Applicant for the Community trade mark:
Dr. August Oetker Nahrungsmittel KG
Community trade mark sought:
Word mark Buonfatti for goods in Classes 29 and 30 – Application No 3939915
Proprietor of the mark or sign cited in the opposition proceedings:
Bonfait BV
Mark or sign cited in opposition:
In particular, the Benelux word mark Bonfait No 393133 and the figurative Community trade mark Bonfait No 648816 for goods
in Classes 29 and 30
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Decision of the Opposition Decision annulled; registration refused
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) of 2 October 2009 (Case R 340/2007-4);
2.
Orders OHIM to bear its own costs and to pay those incurred by Dr. Oetker Nahrungsmittel KG.