CELEX: 62008TJ0150
Language: en
Date: 2009-11-11 00:00:00
Title: Judgment of the Court of First Instance (Sixth Chamber) of 11 November 2009. # REWE-Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition Proceedings - Application for the Community word mark Clina - Earlier Community word mark CLINAIR - Relative ground of refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-150/08.

Judgment of the Court of First Instance (Sixth Chamber) of 11 November 2009 – REWE‑Zentral v OHIM – Aldi Einkauf (Clina)
      (Case T-150/08)
      Community trade mark – Opposition proceedings – Application for the Community word mark Clina – Earlier Community word mark CLINAIR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 8(1)(b)) (see paras 33, 68-69)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2008 (Case R 1484/2006-4) concerning
                  opposition proceedings between Aldi Einkauf GmbH & Co. OHG and REWE-Zentral AG.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               REWE-Zentral AG
            
         
               Community trade mark sought:
            
            
               Word mark Clina for goods in Classes 3 and 21 – Application No 3921079
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Aldi Einkauf GmbH & Co. OHG.
            
         
               Mark or sign cited in opposition:
            
            
               Word mark CLINAIR for goods in Classes 3 and 5 (Community trade mark No 1769850)
            
         
               Decision of the Opposition Division:
            
            
               Opposition rejected
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the Opposition Division’s decision and rejection of the trade mark application
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders REWE-Zentral AG to pay the costs.