CELEX: 62009TJ0213
Community trade mark
Opposition proceedings
Application for the Community figurative mark including the word element 'yorma's'
Earlier Community word mark NORMA
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

ACTION brought against the decision of the First Board of Appeal of OHIM of 20 February 2009 (Case R 1879/2007-1), concerning
opposition proceedings between Norma Lebensmittelfilialbetrieb GmbH & Co. KG and Yorma’s AG.
Information relating to the case
Applicant for the Community trade mark:
Yorma’s AG
Community trade mark sought:
Figurative mark composed of the word element yorma’s for services in Classes 35 and 42 – Application No 2048205
Proprietor of the mark or sign cited in the opposition proceedings:
Norma Lebensmittelfilialbetrieb GmbH & Co. KG
Mark or sign cited in opposition:
Word mark NORMA (Community trade mark No 213769) for goods in Classes 3, 5, 8, 16, 18, 21, 25, 28 to 36 and the commercial
symbol NORMA used in the course of trade in Germany, and the figurative sign NORMA
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Annulment of the appealed decision and rejection of the Community trade mark application
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Yorma’s AG to pay the costs.