Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 30.1.2010 | EN | Official Journal of the European Union | C 24/63 |

---

Action brought on 27 November 2009 — Oetker Nahrungsmittel v OHIM — Bonfait (Buonfatti)

(Case T-471/09)

2010/C 24/111

Language in which the application was lodged: German

Parties

Applicant: Dr. August Oetker Nahrungsmittel KG (Bielefeld, Germany) (represented by: F. Graf von Stosch, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Bonfait BV

Form of order sought

|  |  |
| --- | --- |
| — | Annul the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 2 October 2009 in Case R 340/2007-4 concerning opposition No B 871 121; |

|  |  |
| --- | --- |
| — | order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: Oetker Nahrungsmittel

Community trade mark concerned: Word mark ‘Buonfatti’ for goods in Classes 29 and 30 (Application No 3 939 915)

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 393 133 and the figurative Community trade mark ‘Bonfait’ No 648 816 for goods in Classes 29 and 30

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Annulment of the decision of the Opposition Decision and refusal of the application to register

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009,[(1)](#ntr1-C_2010024EN.01006301-E0001) since there is no likelihood of confusion between the conflicting trade marks

---

[Top](#document1)