Source: EURLEX
Language: en
Format: md

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| 2.4.2011 | EN | Official Journal of the European Union | C 103/22 |

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Judgment of the General Court of 17 February 2011 — J & F Participações v OHIM — Plusfood Wrexham (Friboi)

(Case T-324/09)[(1)](#ntr1-C_2011103EN.01002201-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Friboi - Earlier national word mark FRIBO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009)

2011/C 103/38

Language of the case: English

Parties

Applicant: J & F Participações SA (Sorocaba, Brazil) (represented by: A. Fernández Fernández-Pacheco, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J.F. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Plusfood Wrexham Ltd (Llay, Wrexham, United Kingdom) (represented by: G. van Roeyen, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 22 April 2009 (Case R 824/2008-1), concerning opposition proceedings between Fribo Foods Ltd and Agropecuaria Friboi, Ltda.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders J & F Participações SA to pay the costs. |

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