Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Hipp & Co v OHIM – Laboratorios Ordesa (Bebimil)**

**(Case T-221/06)**

Community trade mark – Opposition procedure – Application for Community word mark Bebimil – Earlier Community and national word marks BLEMIL – Earlier national word mark BLEMIL 1 – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Likelihood of confusion

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 39-42, 70-74)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 2 June 2006 (Case R 571/2005-1), relating to opposition proceedings between Laboratorios Ordesa, SL and Hipp & Co. KG. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Hipp & Co. KG |
| Community trade mark sought: | Community word mark Bebimil for goods in Classes 5, 29, 30 and 32 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Laboratorios Ordesa, SL |
| Mark or sign cited in opposition: | Community word mark BLEMIL for goods in Classes 5 and 29 and national word marks BLEMIL and BLEMIL 1 |
| 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 Hipp & Co. KG to pay the costs.

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