CELEX: 62009TJ0203
Community trade mark
Invalidity proceedings
Community word mark OLYMP
Earlier national figurative mark OLIMPO
Relative ground for refusal
Likelihood of confusion
Similarity of the signs
Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 March 2009 (Case R 531/2008-2) relating to
invalidity proceedings between Miguel Bellido SA and Olymp Bezner GmbH & Co. KG.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Word mark Olymp for goods in Class 25 – Application No 1158328
Proprietor of the Community trade mark:
Olymp Bezner GmbH & Co. KG
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:
Community trade mark concerned declared invalid
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.