CELEX: C2007/096/44
Language: en
Date: 2007-04-28 00:00:00
Title: Case C-245/06 P: Order of the Court of 9 March 2007 — Saiwa SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Barilla G. and R. Fratelli SpA (Appeal — Community trade mark — Article 8(1)(b) of Regulation (EC) No 40/94 — Likelihood of confusion — Application for a figurative mark including the word element SELEZIONE ORO Barilla — Opposition by the holder of the national and international trade mark ORO and the national trade mark ORO SAIWA — Appeal in part manifestly inadmissible and in part manifestly unfounded)

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 96/25
            
         Order of the Court of 9 March 2007 — Saiwa SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Barilla G. and R. Fratelli SpA
   (Case C-245/06 P) (1)
   
   (Appeal - Community trade mark - Article 8(1)(b) of Regulation (EC) No 40/94 - Likelihood of confusion - Application for a figurative mark including the word element ‘SELEZIONE ORO Barilla’ - Opposition by the holder of the national and international trade mark ORO and the national trade mark ORO SAIWA - Appeal in part manifestly inadmissible and in part manifestly unfounded)
   (2007/C 96/44)
   Language of the case: Italian
   Parties
   
      Applicant: Saiwa SpA (represented by: G. Sena, P. Tarchini, J.-P. Karsenty, M. Karsenty-Ricard, avocats)
   
      Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and L. Rampini, Agents), Barilla G. and R Fratelli SpA, formerly Barilla Alimentare SpA (represented by A. Vanzetti, avvocato)
   Re:
   Appeal against the judgment of the Court of First Instance (First Chamber) of 5 April 2006 in Case T-344/03 Saiwa SpA v OHIM, by which the Court of First Instance dismissed an action, brought by the applicant for the national and international word mark ‘ORO ’and the national word mark ‘ORO SAIWA ’for goods in Class 30, for annulment of Decision R 480/2002-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 18 July 2003 dismissing the appeal brought against the decision of the Opposition Division which rejected the opposition filed against the application to register a figurative mark including the word elements ‘SELEZIONE ORO ’and ‘Barilla ’for goods in Class 30 — Similarity of marks — Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark. (OJ 1993 L 11, p. 1)
   Operative part of the order
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Saiwa SpA is ordered to pay the costs.
            
         
               3.
            
            
               Barilla G. and R. Fratelli SpA shall bear its own costs.
            
         
      (1)  OJ C 178, 29.7.2006.