Judgment — ECLI:EU:T:2012:252
Date: 2012-05-22
Language of the case: German
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Third Chamber) of 22 May 2012 — Kraft Foods Global Brands v OHIM — fenaco (SUISSE PREMIUM) (Case T‑60/11) Community trade mark — Opposition proceedings — Application for Community figurative mark SUISSE PREMIUM — Earlier Community figurative mark Premium — Absolute ground for refusal — No likelihood of confusion — Opposition rejected — 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 207/2009, Art. 8(1)(b)) (see paras 23, 55-60) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 11 November 2010 (Case R 522/2010‑1) concerning opposition proceedings between Kraft Foods Global Brands LLC and fenaco Genossenschaft. Operative part The Court: 1. Dismisses the action; 2. Orders Kraft Foods Global Brands LLC to pay the costs.