CELEX: C2006/165/13
Language: en
Date: 2006-07-15 00:00:00
Title: Case C-416/04 P: Judgment of the Court (First Chamber) of  11 May 2006  — The Sunrider Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Articles 8(1)(b), 15(3) and 43(2) and (3) of Regulation (EC) No 40/94 — Likelihood of confusion — Application for Community word mark VITAFRUIT — Opposition by the proprietor of the national word mark VITAFRUT — Genuine use of the earlier trade mark — Proof of consent of the proprietor for the use of the earlier trade mark — Similarity of goods)

15.7.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 165/8
            
         Judgment of the Court (First Chamber) of 11 May 2006 — The Sunrider Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case C-416/04 P) (1)
   
   (Appeal - Community trade mark - Articles 8(1)(b), 15(3) and 43(2) and (3) of Regulation (EC) No 40/94 - Likelihood of confusion - Application for Community word mark VITAFRUIT - Opposition by the proprietor of the national word mark VITAFRUT - Genuine use of the earlier trade mark - Proof of consent of the proprietor for the use of the earlier trade mark - Similarity of goods)
   (2006/C 165/13)
   Language of the case: English
   Parties
   
      Appellant: The Sunrider Corp. (represented by: A. Kockläuner, Rechtsanwalt)
   
      Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and A. Folliard-Monguiral, Agents,)
   Re:
   Appeal against the judgment of the Court of First Instance (Second Chamber) of 8 July 2004 in Case T-203/02 Sunrider v OHIM dismissing an action for annulment brought by the applicant for registration of the word mark ‘VITAFRUIT’ for products in classes 5, 29 and 32 against the decision of the First Board of Appeal of The Office for Harmonisation in the Internal Market (OHIM) of 8 April 2002 in Case R 1046/2000-1 dismissing the appeal against the decision of the Opposition Division refusing in part to register that mark in the opposition proceedings brought by the proprietor of the national word mark ‘VITAFRUT’ for certain products in classes 30 and 32
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders The Sunrider Corp. to pay the costs.
            
         
      (1)  OJ C 300, 04.12.2004.