Judgment — ECLI:EU:T:2009:35
Date: 2009-02-12
Language of the case: French
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Figurative marks applied for
Procedure: Action for annulment - unfounded
Origin: Netherlands

Judgment of the Court of First Instance (Seventh Chamber) of 12 February 2009 – Lee/DE v OHIM – Cooperativa italiana di ristorazione (PIAZZA del SOLE) (Case T-265/06) Community trade mark – Opposition proceedings – Application for Community figurative mark PIAZZA del SOLE – Earlier national and international word marks PIAZZA and PIAZZA D’ORO – Relative ground for refusal – Lack of likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Lack of similarity of the signs 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 34, 56) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 July 2006 (Case R 235/2005‑2) concerning opposition proceedings between Sara Lee/DE NV and Cooperativa italiana di ristorazione Soc. Coop. rl. Information relating to the case Applicant for the Community trade mark: Cooperativa italiana di ristorazione Soc. coop. rl Community trade mark sought: Word mark PIAZZA del SOLE for goods and services in Classes 16, 21, 25, 29, 30, 35, 36 and 42 – Application No 1518901 Proprietor of the mark or sign cited in the opposition proceedings: Sara Lee/DE NV Marks or signs cited in opposition: National and international word mark PIAZZA and PIAZZA D’ORO for goods in Classes 21, 29, 30 and 42 Decision of the Opposition Division: Opposition dismissed Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Sara Lee/DE NV to pay the costs.