Judgment — ECLI:EU:T:2011:193
Date: 2011-05-04
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: France

Judgment of the General Court of 4 May 2011 - Bongrain v OHIM - apetito (APETITO) (Case T-129/09) 1 (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)) Language of the case: English Parties Applicant: Bongrain SA (Viroflay, France) (represented by: C. Hertz-Eichenrode, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, acting as Agent) Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: apetito AG (Rheine, Germany) (represented by: T. Weeg, lawyer) Re: 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 Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Bongrain SA to pay the costs. ____________ 1 - OJ C 141, 20.6.2009.