Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 4.5.2013 | EN | Official Journal of the European Union | C 129/19 |

---

Judgment of the General Court of 20 March 2013 — Bimbo v OHIM — Café do Brasil (Caffè KIMBO)

(Case T-277/12)[(1)](#ntr1-C_2013129EN.01001902-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Caffè KIMBO - Earlier national word mark BIMBO - Relative grounds for refusal - Well-known trade mark within the meaning of Article 6 bis of the Paris Convention - Article 8(1) of Regulation (EC) No 207/2009)

2013/C 129/38

Language of the case: English

Parties

Applicant: Bimbo, SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Café do Brasil SpA (Melito di Napoli, Italy) (represented by: M. Mostardini, G. Galimberti and F. Melluci, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 May 2012 (Case R 1017/2011-4), relating to opposition proceedings between Bimbo, SA and Café do Brasil SpA

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Dismisses the action; |

|  |  |
| --- | --- |
| 2. | Orders Bimbo, SA, to pay the costs. |

---

[Top](#document1)