Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Sixth Chamber) of 11 November 2009 – REWE‑Zentral v OHIM – Aldi Einkauf (Clina)**

**(Case T-150/08)**

Community trade mark – Opposition proceedings – Application for the Community word mark Clina – Earlier Community word mark CLINAIR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 8(1)(b)) (see paras 33, 68-69)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2008 (Case R 1484/2006-4) concerning opposition proceedings between Aldi Einkauf GmbH & Co. OHG and REWE-Zentral AG. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | REWE-Zentral AG |
| Community trade mark sought: | Word mark Clina for goods in Classes 3 and 21 – Application No 3921079 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Aldi Einkauf GmbH & Co. OHG. |
| Mark or sign cited in opposition: | Word mark CLINAIR for goods in Classes 3 and 5 (Community trade mark No 1769850) |
| Decision of the Opposition Division: | Opposition rejected |
| Decision of the Board of Appeal: | Annulment of the Opposition Division’s decision and rejection of the trade mark application |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders REWE-Zentral AG to pay the costs. |

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