Source: EURLEX
Language: en
Format: md

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| 6.8.2011 | EN | Official Journal of the European Union | C 232/24 |

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Judgment of the General Court of 28 June 2011 — Oetker Nahrungsmittel v OHIM — Bonfait (Buonfatti)

(Case T-471/09) [(1)](#ntr1-C_2011232EN.01002401-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark ‘Buonfatti’ - Earlier Benelux word mark Bonfait - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 2007/2009)

(2011/C 232/41)

Language of the case: German

Parties

Applicant: Dr. Oetker Nahrungsmittel KG (Bielefeld, Germany) (represented by: F. Graf von Stosch, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Bonfait BV (Denekamp, Netherlands)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 340/2007-4) relating to opposition proceedings between Bonfait BV and Dr. August Oetker Nahrungsmittel KG.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 October 2009 (Case R 340/2007-4). |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by Dr. Oetker Nahrungsmittel KG. |

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