CELEX: 62006TJ0265
Language: en
Date: 2009-02-12
Title: Judgment of the Court of First Instance (Seventh Chamber) of 12 February 2009. # Sara Lee/DE NV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark PIAZZA del SOLE - Earlier national and international word marks PIAZZA and PIAZZA D’ORO - Relative ground for refusal - Lack of likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Lack of similarity of the signs. # Case T-265/06.

Judgment of the Court of First Instance (Seventh Chamber) of 12 February 2009 – Lee/DE v OHIM – Cooperativa italiana di ristorazione
            (PIAZZA del SOLE)
      (Case T-265/06)
      Community trade mark – Opposition proceedings – Application for Community figurative mark PIAZZA del SOLE – Earlier national and international word marks PIAZZA and PIAZZA D’ORO – Relative ground for refusal – Lack of likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Lack of similarity of the signs
      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 40/94, Art. 8(1)(b)) (see paras 34, 56)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 July 2006 (Case R 235/2005‑2) concerning opposition
                  proceedings between Sara Lee/DE NV and Cooperativa italiana di ristorazione Soc. Coop. rl.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Cooperativa italiana di ristorazione Soc. coop. rl
            
         
               Community trade mark sought:
            
            
               Word mark PIAZZA del SOLE for goods and services in Classes 16, 21, 25, 29, 30, 35, 36 and 42 – Application No 1518901
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Sara Lee/DE NV
            
         
               Marks or signs cited in opposition:
            
            
               National and international word mark PIAZZA and PIAZZA D’ORO for goods in Classes 21, 29, 30 and 42
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Sara Lee/DE NV to pay the costs.