CELEX: 62008TN0492
Language: en
Date: 2008-11-18 00:00:00
Title: Case T-492/08: Action brought on 18 November 2008 — Wessang v OHIM — Greinwald (star foods)

7.2.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/40
            
         Action brought on 18 November 2008 — Wessang v OHIM — Greinwald (star foods)
   (Case T-492/08)
   (2009/C 32/77)
   Language in which the application was lodged: French
   Parties
   
      Applicant: Nicolas Wessang (Zimmerbach, France) (represented by: A. Grolée, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Greinwald GmbH (Kempten, Germany)
   Form of order sought
   
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               Annul the decision of the Board of Appeal of OHIM of 17 September 2008;
            
         
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               Uphold the opposition filed by Mr Nicolas WESSANG of 26 September 2005 against the application for registration of the mark STAR FOODS + device No 004105615;
            
         
               —
            
            
               Reject that application for registration No 004105615 in its entirety;
            
         
               —
            
            
               Order the company Greinwald GmbH to pay the whole of the costs incurred by Mr Nicolas WESSANG in the opposition proceedings, the appeal proceedings and the present proceedings.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: Greinwald GmbH
   
      Community trade mark concerned: Figurative mark ‘star foods’ for goods in Classes 29, 30 and 32 — application No 4 105 615
   
      Proprietor of the mark or sign cited in the opposition proceedings: Nicolas Wessang
   
      Mark or sign cited in opposition: Community figurative and word marks ‘STAR SNACKS’ for goods in Classes 29, 30 and 31
   
      Decision of the Opposition Division: The opposition is upheld
   
      Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and rejection of the opposition
   
      Pleas in law: According to the applicant, there is a likelihood of confusion between the two marks at issue, to the extent that they are extremely similar both visually and phonetically or conceptually and refer to similar or even identical goods.