CELEX: 62009TJ0204
Language: en
Date: 2011-05-05
Title: Judgment of the General Court (Eighth Chamber) of 5 May 2011. # Olymp Bezner GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark OLYMP - Earlier national figurative mark OLIMPO - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-204/09.

Judgment of the General Court (Eighth Chamber) of 5 May 2011 – Olymp Bezner v OHIM – Bellido (OLYMP)
      (Case T-204/09)
      Community trade mark – Opposition proceedings – Application for Community figurative mark OLYMP – Earlier national figurative mark OLIMPO – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 28, 57-60)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 March 2009 (Case R 598/2008-2) relating to
                  opposition proceedings between Miguel Bellido SA and Olymp Bezner GmbH & Co. KG.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Olymp Bezner GmbH & Co. KG 
            
         
               Community trade mark sought: 
            
            
               Figurative mark OLYMP for goods in Class 25 – Application No 4713293
            
         
               Party requesting the declaration of invalidity of the Community trade mark: 
            
            
               Miguel Bellido, SA
            
         
               Trade mark of the party seeking cancellation: 
            
            
               Spanish trade mark registration of the figurative mark OLIMPO for goods in Class 25
            
         
               Decision of the Cancellation Division: 
            
            
               Opposition upheld 
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed 
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Olymp Bezner GmbH & Co. KG to pay the costs.