Judgment — ECLI:EU:T:2011:307
Date: 2011-06-28
Language of the case: German
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 30 November 2009 - Oetker Nahrungsmittel v OHIM - Bonfait (Buonfatti) (Case T -471/09) Language in which the application was lodged: German Parties Applicant: Dr. August Oetker Nahrungsmittel KG (Bielefeld, Germany) (represented by: F. Graf von Stosch, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal of OHIM: Bonfait BV Form of order sought Annul the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 2 October 2009 in Case R 340/2007-4 concerning opposition No B 871 121; order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings. Pleas in law and main arguments Applicant for a Community trade mark: Oetker Nahrungsmittel Community trade mark concerned: Word mark 'Buonfatti' for goods in Classes 29 and 30 (Application No 3 939 915) Proprietor of the mark or sign cited in the opposition proceedings: Bonfait BV Mark or sign cited in opposition: in particular, the Benelux word mark 'Bonfait' No 393 133 and the figurative Community trade mark 'Bonfait' No 648 816 for goods in Classes 29 and 30 Decision of the Opposition Division: Rejection of the opposition Decision of the Board of Appeal: Annulment of the decision of the Opposition Decision and refusal of the application to register Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009,1 since there is no likelihood of confusion between the conflicting trade marks ____________ 1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)