Source: EURLEX
Language: en
Format: md

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| 2.4.2011 | EN | Official Journal of the European Union | C 103/24 |

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Action brought on 26 January 2011 — Kraft Foods Global Brands v OHIM — Fenaco (SUISSE PREMIUM)

(Case T-60/11)

2011/C 103/42

Language of the case: Spanish

Parties

Applicant: Kraft Foods Global Brands LLC (Northfield, USA) (represented by M. de Justo Bailey, lawyer)

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

Other party to the proceedings before the Board of Appeal: Fenaco Genossenschaft (Berne, Switzerland)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 11 November 2010, in Case R 522/2010-1, and |

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| — | Order the defendant and the co-defendant to bear the cost of the procedure. |

Pleas in law and main arguments

Applicant for the Community trade mark: Fenaco Genossenschaft.

Community trade mark applied for: Figurative mark ‘SUISSE PREMIUM’ for goods and services of Classes 30, 31 and 42.

Proprietor of the mark or sign cited in the opposition proceedings: the Applicant.

Mark or sign cited in opposition: Figurative mark ‘PREMIUM’ for goods of Class 30.

Decision of the Opposition Division: Opposition dismissed.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2011103EN.01002401-E0001), as there is a likelihood of confusion between the marks at issue.

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