CELEX: 62009TJ0054
Community trade mark
Opposition proceedings
Application for Community figurative mark Linea Natura Natur hat immer Stil
Earlier Community figurative mark natura selection
Relative ground for refusal
Likelihood of confusion
Similarity of 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 28 November 2008 (Case R 1787/2007-2) relating
to opposition proceedings between Natura Selection, SL and XXXLutz Marken GmbH.
Information relating to the case
Applicant for the Community trade mark:
XXXLutz Marken GmbH
Community trade mark sought:
Figurative mark Linea Natura Natur hat immer Stil for goods in Classes 8, 14, 16, 20, 21, 24, 25 and 27 – Registration No
Proprietor of the mark or sign cited in the opposition proceedings:
Natura Selection, SL
Mark or sign cited in opposition:
Figurative mark natura selection for goods and services in Classes 3, 14, 16, 20, 25, 35, 38, 39 and 42, and further Community
trade marks and Spanish marks containing the word ‘natura’, for goods and services in Classes 3, 14, 16, 20, 21, 24, 25, 27,
28, 35, 39 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 XXXLutz Marken GmbH to pay the costs.