CELEX: 62008TA0492
Language: en
Date: 2010-05-11 00:00:00
Title: Case T-492/08: Judgment of the General Court of 11 May 2010 — Wessang v OHIM — Greinwald (star foods) (Community trade mark — Opposition proceedings — Application for the figurative Community trade mark star foods — Earlier Community figurative and word marks STAR SNACKS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))

3.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/37
            
         Judgment of the General Court of 11 May 2010 — Wessang v OHIM — Greinwald (star foods)
   (Case T-492/08) (1)
   
   (Community trade mark - Opposition proceedings - Application for the figurative Community trade mark star foods - Earlier Community figurative and word marks STAR SNACKS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))
   2010/C 179/64
   Language of the case: German
   
      Parties
   
   
      Applicant: Nicolas Wessang (Zimmerbach, France) (represented by: A. Grolée, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Führer and G. Schneider, acting as Agents)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Greinwald GmbH (Kempten, Germany) (represented by: A. Schulz, lawyer)
   
      Re:
   
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 September 2008 (Case R 1408/2007-4) relating to opposition proceedings between Nicolas Wessang and Greinwald GmbH
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 September 2008 (Case R 1408/2007-4);
            
         
               2.
            
            
               orders Greinwald GmbH to bear its own costs and to pay a third of Nicolas Wessang’s costs;
            
         
               3.
            
            
               orders Wessang to bear two-thirds of his own costs;
            
         
               4.
            
            
               orders OHIM to bear its own costs.
            
         
      (1)  OJ C 32 of 7.2.2009