Judgment — ECLI:EU:T:2009:431
Date: 2009-11-11
Language of the case: German
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the Court of First Instance (Sixth Chamber) of 11 November 2009 – REWE‑Zentral v OHIM – Aldi Einkauf (Clina) (Case T-150/08) Community trade mark – Opposition proceedings – Application for the Community word mark Clina – Earlier Community word mark CLINAIR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 33, 68-69) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2008 (Case R 1484/2006-4) concerning opposition proceedings between Aldi Einkauf GmbH & Co. OHG and REWE-Zentral AG. Information relating to the case Applicant for the Community trade mark: REWE-Zentral AG Community trade mark sought: Word mark Clina for goods in Classes 3 and 21 – Application No 3921079 Proprietor of the mark or sign cited in the opposition proceedings: Aldi Einkauf GmbH & Co. OHG. Mark or sign cited in opposition: Word mark CLINAIR for goods in Classes 3 and 5 (Community trade mark No 1769850) Decision of the Opposition Division: Opposition rejected Decision of the Board of Appeal: Annulment of the Opposition Division’s decision and rejection of the trade mark application Operative part The Court: 1. 1. Dismisses the action; 2. 2. Orders REWE-Zentral AG to pay the costs.