CELEX: 62009TJ0437
Community trade mark
Opposition proceedings
Application for Community figurative mark Oyster cosmetics
Earlier Community figurative mark Kadus oystra AUTO STOP PROTECTION
Relative ground for refusal
Likelihood of confusion
Similarity of signs
Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the First Board of Appeal of OHIM of 5 August 2009 (Case R 1367/2008-1) concerning
opposition proceedings between Kadabell GmbH & Co. KG and Oyster Cosmetics SpA.
Information relating to the case
Applicant for the Community trade mark:
Oyster Cosmetics SpA
Community trade mark sought:
Figurative mark Oyster cosmetics for goods in Class 3 – Application No 3791555
Proprietor of the mark or sign cited in the opposition proceedings:
Kadabell GmbH & Co. KG
Mark or sign cited in opposition:
Community trade mark registration of the figurative mark Kadus oystra AUTO STOP PROTECTION for goods in Class 3
Decision of the Opposition Division:
Opposition partially upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Oyster Cosmetics SpA to pay the costs.