CELEX: 62010TJ0569
Language: en
Date: 2012-10-10
Title: Judgment of the General Court (Seventh Chamber) of 10 October 2012. # Bimbo, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark BIMBO DOUGHNUTS - Earlier national word mark DOGHNUTS - Relative ground for refusal - Article 75 of Regulation (EC) No 207/2009 - Article 76(2) of Regulation No 207/2009 - Article 8(1)(b) of Regulation No 207/2009 - Application for alteration - Admissibility. # Case T-569/10.

Judgment of the General Court (Seventh Chamber) of 10 October 2012 — Bimbo v OHIM — Panrico (BIMBO DOUGHNUTS)
      (Case T-569/10)
      Community trade mark — Opposition proceedings — Application for Community word mark BIMBO DOUGHNUTS — Earlier national word mark DOGHNUTS — Relative ground for refusal — Article 75 of Regulation (EC) No 207/2009 — Article 76(2) of Regulation No 207/2009 — Article 8(1)(b) of Regulation No 207/2009 — Application for alteration — Admissibility
      1.                     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 — Word marks BIMBO DOUGHNUTS and DOGHNUTS (Council Regulation No 207/2009, Art. 8(1)(b))
            (see paras 53, 97-100)
      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 — Assessment of the likelihood of confusion (Council Regulation No 207/2009, Art. 8(1)(b))
            (see paras 50-52, 55, 69, 90, 96)
      3.                     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 — Similarity
            of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras
            56, 77, 78)
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 October 2010 (Case R 838/2009-4) concerning
                  opposition proceedings between Panrico SA and Bimbo SA.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Bimbo SA to pay, in addition to its own costs, those incurred by OHIM;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Panrico SA to bear its own costs.