62010CO0022_EN
Subject of the case
Operative part
Subject of the case
Re:
Appeal against the judgment of the Court of First Instance (Sixth Chamber) of 11 November 2009 in Case T-150/08 REWE-Zentral
v OHIM, by which that court dismissed the action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2008 refusing the registration of the word sign ‘Clina’ as a Community trade mark for certain goods in Classes 3 and 21 by upholding the opposition brought by the proprietor of the earlier Community word mark ‘CLINAIR’ – Likelihood of confusion of two marks – Failure to carry out a global assessment of the relevant factors in examining the likelihood of confusion – Infringement of Article 8(1)(b) of Regulation (EC) No 40/94.
Operative part
Operative part
1. The appeal is dismissed.
2. REWE-Zentral AG is ordered to pay the costs.