CELEX: 62008TJ0331
Language: en
Date: 2010-01-27 00:00:00
Title: Judgment of the General Court (Seventh Chamber) of 27 January 2010. # REWE-Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark Solfrutta - Earlier Community word mark FRUTISOL - Relative grounds for refusal - Likelihood of confusion - Partial refusal of registration - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-331/08.

Judgment of the General Court (Seventh Chamber) of 27 January 2010 – REWE‑Zentral v OHIM – Grupo Corporativo Teype (Solfrutta)
      (Case T-331/08)
      Community trade mark – Opposition proceedings – Application for Community word mark Solfrutta – Earlier Community word mark FRUTISOL – Relative grounds for refusal – Likelihood of confusion – Partial refusal of registration – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 8(1)(b)) (see paras 15, 27-30)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 May 2008 (Case R 1679/2007-2) relating to
                  opposition proceedings between Grupo Corporativo Teype, SL and REWE-Zentral AG.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               REWE-Zentral AG
            
         
               Community trade mark sought:
            
            
               The word mark Solfrutta for goods in Classes 29, 30 and 32
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Grupo Corporativo Teype, SL
            
         
               Mark or sign cited in opposition:
            
            
               Community trade mark registration No 1687722 of the word mark FRUTISOL for goods in Class 32; Spanish trade mark registration
                  No 2018327 of the word mark FRUTISOL for goods in Class 32
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition partially upheld
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Second Board of Appeal of OHIM of 21 May 2008 (Case R 1679/2007-2);
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs.