CELEX: 62009TJ0471
Language: en
Date: 2011-06-28 00:00:00
Title: Judgment of the General Court (First Chamber) of 28 June 2011. # Dr. August Oetker Nahrungsmittel KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark ‘Buonfatti’ - Earlier Benelux word mark Bonfait - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-471/09.

Judgment of the General Court (First Chamber) of 28 June 2011 – Oetker Nahrungsmittel v OHIM – Bonfait (Buonfatti)
      (Case T-471/09)
      Community trade mark – Opposition proceedings – Application for Community word mark ‘Buonfatti’ – Earlier Benelux word mark Bonfait – No likelihood of confusion – 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 207/2009, Art. 8(1)(b)) (see paras 56-57, 86)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 340/2007-4) relating to
                  opposition proceedings between Bonfait BV and Dr. August Oetker Nahrungsmittel KG.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Dr. August Oetker Nahrungsmittel KG
            
         
               Community trade mark sought: 
            
            
               Word mark Buonfatti for goods in Classes 29 and 30 – Application No 3939915
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Bonfait BV
            
         
               Mark or sign cited in opposition: 
            
            
               In particular, the Benelux word mark Bonfait No 393133 and the figurative Community trade mark Bonfait No 648816 for goods
                  in Classes 29 and 30
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal: 
            
            
               Decision of the Opposition Decision annulled; registration refused
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) of 2 October 2009 (Case R 340/2007-4);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to bear its own costs and to pay those incurred by Dr. Oetker Nahrungsmittel KG.