Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Fourth Chamber) of 2 February 2011 – Oyster Cosmetics v OHIM – Kadabell (Oyster cosmetics)**

**(Case T-437/09)**

Community trade mark – Opposition proceedings – Application for Community figurative mark Oyster cosmetics – Earlier Community figurative mark Kadus oystra AUTO STOP PROTECTION – Relative ground for refusal – Likelihood of confusion – Similarity of signs – 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 207/2009, Art. 8(1)(b)) (see paras 23, 51, 55)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 5 August 2009 (Case R 1367/2008-1) concerning opposition proceedings between Kadabell GmbH & Co. KG and Oyster Cosmetics SpA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Oyster Cosmetics SpA |
| Community trade mark sought: | Figurative mark Oyster cosmetics for goods in Class 3 – Application No 3791555 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Kadabell GmbH & Co. KG |
| Mark or sign cited in opposition: | Community trade mark registration of the figurative mark Kadus oystra AUTO STOP PROTECTION for goods in Class 3 |
| Decision of the Opposition Division: | Opposition partially upheld |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Oyster Cosmetics SpA to pay the costs. |

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