CELEX: 62009TJ0437
Language: en
Date: 2011-02-02 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 2 February 2011. # Oyster Cosmetics SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark Oyster cosmetics - Earlier Community figurative mark Kadus oystra AUTO STOP PROTECTION - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-437/09.

Judgment of the General Court (Fourth Chamber) of 2 February 2011 – Oyster Cosmetics v OHIM – Kadabell (Oyster cosmetics)
      (Case T-437/09)
      Community trade mark – Opposition proceedings – Application for Community figurative mark Oyster cosmetics – Earlier Community figurative mark Kadus oystra AUTO STOP PROTECTION – Relative ground for refusal – Likelihood of confusion – Similarity of signs – 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 23, 51, 55)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 5 August 2009 (Case R 1367/2008-1) concerning
                  opposition proceedings between Kadabell GmbH & Co. KG and Oyster Cosmetics SpA.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Oyster Cosmetics SpA
            
         
               Community trade mark sought:
            
            
               Figurative mark Oyster cosmetics for goods in Class 3 – Application No 3791555
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Kadabell GmbH & Co. KG
            
         
               Mark or sign cited in opposition:
            
            
               Community trade mark registration of the figurative mark Kadus oystra AUTO STOP PROTECTION for goods in Class 3
            
         
               Decision of the Opposition Division:
            
            
               Opposition partially upheld 
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Oyster Cosmetics SpA to pay the costs.