Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Seventh Chamber) of 12 February 2009 – Lee/DE v OHIM – Cooperativa italiana di ristorazione
(PIAZZA del SOLE)**

**(Case T-265/06)**

Community trade mark – Opposition proceedings – Application for Community figurative mark PIAZZA del SOLE – Earlier national and international word marks PIAZZA and PIAZZA D’ORO – Relative ground for refusal – Lack of likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Lack of similarity of the signs

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 34, 56)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 July 2006 (Case R 235/2005‑2) concerning opposition proceedings between Sara Lee/DE NV and Cooperativa italiana di ristorazione Soc. Coop. rl. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Cooperativa italiana di ristorazione Soc. coop. rl |
| Community trade mark sought: | Word mark PIAZZA del SOLE for goods and services in Classes 16, 21, 25, 29, 30, 35, 36 and 42 – Application No 1518901 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Sara Lee/DE NV |
| Marks or signs cited in opposition: | National and international word mark PIAZZA and PIAZZA D’ORO for goods in Classes 21, 29, 30 and 42 |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Sara Lee/DE NV to pay the costs. |

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