CELEX: 62008TJ0492
Language: en
Date: 2010-05-11
Title: Judgment of the General Court (First Chamber) of 11 May 2010. # Nicolas Wessang v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the figurative Community trade mark star foods -Earlier Community figurative and word marks STAR SNACKS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009). # Case T-492/08.

Judgment of the General Court (First Chamber) of 11 May 2010 – Wessang v OHIM – Greinwald (star foods)
      (Case T-492/08)
      Community trade mark – Opposition proceedings – Application for the figurative Community trade mark star foods – Earlier Community figurative and word marks STAR SNACKS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation 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 19, 59-60)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 17 September 2008 (Case R 1408/2007-4) relating
                  to opposition proceedings between Nicolas Wessang and Greinwald GmbH.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Greinwald GmbH
            
         
               Community trade mark sought: 
            
            
               Figurative mark star foods in Classes 29, 30 and 32 – Application No 4105615 
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Nicolas Wessang
            
         
               Mark or sign cited in opposition:
            
            
               Community figurative and word marks STAR SNACKS for goods in Classes 29, 30 and 31
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Decision of the Opposition Division annulled and the opposition dismissed 
            
         
      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) (OHIM) of 17 September 2008 (Case R 1408/2007-4);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Greinwald GmbH to pay its own costs and one third of those of Nicolas Wessang;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Mr Wessang to pay two thirds of his own costs;
               
            
         
                  4.
               
               
                  
               
               
                  	Orders OHIM to pay its own costs.