CELEX: 62009TJ0204
Community trade mark
Opposition proceedings
Application for the Community figurative mark OLYMP
Earlier national figurative mark OLIMPO
Relative ground for refusal
Likelihood of confusion
Similarity of the signs
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 Second Board of Appeal of OHIM of 5 March 2009 (Case R 598/2008-2) relating to
opposition proceedings between Miguel Bellido SA and Olymp Bezner GmbH & Co. KG.
Information relating to the case
Applicant for the Community trade mark:
Olymp Bezner GmbH & Co. KG
Community trade mark sought:
Figurative mark OLYMP for goods in Class 25 – Application No 4713293
Party requesting the declaration of invalidity of the Community trade mark:
Miguel Bellido, SA
Trade mark of the party seeking cancellation:
Spanish trade mark registration of the figurative mark OLIMPO for goods in Class 25
Decision of the Cancellation Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Olymp Bezner GmbH & Co. KG to pay the costs.