Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 18.4.2009 | EN | Official Journal of the European Union | C 90/30 |

---

Action brought on 11 February 2009 — Cafea v OHIM — Christian (BEST FARM)

(Case T-53/09)

2009/C 90/47

Language in which the application was lodged: German

Parties

Applicant: Cafea GmbH (Hamburg, Germany) (represented by: C. Schumann and M. Hartmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Dieter Christian (Frankfurt, Germany)

Form of order sought

|  |  |
| --- | --- |
| — | annul the decision of the First Board of Appeal of 27 November 2008 in Case R 420/2008-1; |

|  |  |
| --- | --- |
| — | order the defendant to pay the costs of the proceedings; |

|  |  |
| --- | --- |
| — | order the applicant for a Community trade mark to pay the costs of the opposition proceedings and the appeal proceedings before the Office for Harmonisation in the Internal Market |

Pleas in law and main arguments

Applicant for a Community trade mark: Dieter Christian

Community trade mark concerned: Word mark ‘BEST FARM’ for goods in Classes 29, 30, 31 and 32 (Registration No 3 089 281)

Proprietor of the mark or sign cited in the opposition proceedings: the applicant acting under its previous corporate name KORD Beiteiligungsgesellschaft mbH & Co. KG

Mark or sign cited in opposition: German word mark ‘BESTFORM’ for goods and services in Classes 1, 29, 30, 32, 33 and 42 (No 300 563 34)

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Rejection of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2009090EN.01003001-E0001), because there exists a likelihood of confusion, or at least a likelihood of association, between the conflicting marks

---

[Top](#document1)