CELEX: 62009TJ0129
Community trade mark
Opposition proceedings
Application for the Community word mark APETITO
Earlier Community word mark apetito
Relative ground for refusal
Likelihood of confusion
Similarity of the goods
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 Fourth Board of Appeal of OHIM of 2 February 2009 (Case R 720/2008‑4) relating
to opposition proceedings between apetito AG and Bongrain SA.
Information relating to the case
Applicant for the Community trade mark:
Bongrain SA
Community trade mark sought:
Word mark APETITO for goods in Class 29 – Application No 3470598
Proprietor of the mark or sign cited in the opposition proceedings:
apetito AG
Mark or sign cited in opposition:
Community word mark apetito, registered for goods in Classes 5, 11, 21 29, 30, 37, 39, 41 and 42
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:

1.Dismisses the action;
2.
Orders Bongrain SA to pay the costs.