Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (First Chamber) of 28 June 2011 – Oetker Nahrungsmittel v OHIM – Bonfait (Buonfatti)**

**(Case T-471/09)**

Community trade mark – Opposition proceedings – Application for Community word mark ‘Buonfatti’ – Earlier Benelux word mark Bonfait – No likelihood of confusion – 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 56-57, 86)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 340/2007-4) relating to opposition proceedings between Bonfait BV and Dr. August Oetker Nahrungsmittel KG. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Dr. August Oetker Nahrungsmittel KG |
| Community trade mark sought: | Word mark Buonfatti for goods in Classes 29 and 30 – Application No 3939915 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Bonfait BV |
| Mark or sign cited in opposition: | In particular, the Benelux word mark Bonfait No 393133 and the figurative Community trade mark Bonfait No 648816 for goods in Classes 29 and 30 |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Decision of the Opposition Decision annulled; registration refused |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 October 2009 (Case R 340/2007-4); |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to bear its own costs and to pay those incurred by Dr. Oetker Nahrungsmittel KG. |

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