CELEX: 62011TN0060
Language: en
Date: 2011-01-26 00:00:00
Title: Case T-60/11: Action brought on 26 January 2011 — Kraft Foods Global Brands v OHIM — Fenaco (SUISSE PREMIUM)

2.4.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 103/24
            
         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
   
   
               —
            
            
               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
            
         
               —
            
            
               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), as there is a likelihood of confusion between the marks at issue.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).