CELEX: 62009TJ0324
Language: en
Date: 2011-02-17
Title: Judgment of the General Court (Second Chamber) of 17 February 2011. # J & F Participações SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark Friboi - Earlier national word mark FRIBO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009. # Case T-324/09.

Judgment of the General Court (Second Chamber) of 17 February 2011 – J & F Participações v OHIM – Plusfood Wrexham (Friboi)
      (Case T-324/09)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark Friboi – Earlier national word mark FRIBO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Genuine use of the earlier mark – Article 42(2) and (3) of Regulation No 207/2009
      1.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the
            earlier mark – Genuine use – Concept – Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras
            26-27)
      2.                     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 207/2009, Art. 8(1)(b)) (see paras 45, 69)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 22 April 2009 (Case R 824/2008‑1), concerning
                  opposition proceedings between Fribo Foods Ltd and Agropecuaria Friboi, Ltda.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               J & F Participações SA
            
         
               Community trade mark sought:
            
            
               Figurative mark Friboi for goods in Class 29
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Plusfood Wrexham Ltd
            
         
               Mark or sign cited in opposition: 
            
            
               United Kingdom trade mark registration of the word mark FRIBO for goods in Class 29; United Kingdom trade mark registration
                  of the figurative mark Fribo for goods in Class 29; German trade mark registration of the word mark FRIBO for goods in Class
                  29; German trade mark registration of the figurative mark FRIBO for goods in Class 29; French trade mark registration of the
                  word mark FRIBO for goods in Class 29; French trade mark registration of the figurative mark FRIBO for goods in Class 29;
                  Italian trade mark registration of the word mark FRIBO for goods in Class 29; Italian trade mark registration of the figurative
                  mark FRIBO for goods in Class 29
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld 
            
         
               Decision of the Board of Appeal:
            
            
               Appeal partially upheld 
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders J & F Participações SA to pay the costs.