CELEX: 62006TJ0221
Language: en
Date: 2009-09-16
Title: Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009. # Hipp & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition procedure - Application for Community word mark Bebimil - Earlier Community and national word marks BLEMIL - Earlier national word mark BLEMIL 1 - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Likelihood of confusion. # Case T-221/06.

Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Hipp & Co v OHIM – Laboratorios Ordesa (Bebimil)
      (Case T-221/06)
      Community trade mark – Opposition procedure – Application for Community word mark Bebimil – Earlier Community and national word marks BLEMIL – Earlier national word mark BLEMIL 1 – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Likelihood of confusion
      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 40/94, Art. 8(1)(b)) (see paras 39-42, 70-74)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 2 June 2006 (Case R 571/2005-1), relating to opposition
                  proceedings between Laboratorios Ordesa, SL and Hipp & Co. KG.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Hipp & Co. KG
            
         
               Community trade mark sought:
            
            
               Community word mark Bebimil for goods in Classes 5, 29, 30 and 32
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Laboratorios Ordesa, SL
            
         
               Mark or sign cited in opposition:
            
            
               Community word mark BLEMIL for goods in Classes 5 and 29 and national word marks BLEMIL and BLEMIL 1
            
         
               Decision of the Opposition Division:
            
            
               Opposition partially upheld
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part 
      The Court:
      1.      Dismisses the action;
      2.      Orders Hipp & Co. KG to pay the costs.