CELEX: 62009TJ0129
Language: en
Date: 2011-05-04 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 4 May 2011. # Bongrain SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark APETITO - Earlier Community word mark apetito - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-129/09.

Judgment of the General Court (Fourth Chamber) of 4 May 2011 – Bongrain v OHIM – apetito (APETITO)
      (Case T-129/09)
      Community trade mark – Opposition proceedings – Application for Community word mark APETITO – Earlier Community word mark apetito – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – 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 para. 30)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2009 (Case R 720/2008‑4) relating
                  to opposition proceedings between apetito AG and Bongrain SA.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Bongrain SA
            
         
               Community trade mark sought: 
            
            
               Word mark APETITO for goods in Class 29 – Application No 3470598
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               apetito AG
            
         
               Mark or sign cited in opposition: 
            
            
               Community word mark apetito, registered for goods in Classes 5, 11, 21 29, 30, 37, 39, 41 and 42
            
         
               Decision of the Opposition Division: 
            
            
               Opposition upheld 
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  	1.Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Bongrain SA to pay the costs.