Case T-164/03

Ampafrance SA

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Community trade mark – Opposition proceedings – Application for a Community figurative mark containing the word element ‘monBeBé’ – Earlier word marks bebe – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and (5) of Regulation (EC) No 40/94)

Summary of the Judgment

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 – Figurative mark monBeBé and word mark bebe

(Council Regulation No 40/94, Art. 8(1)(b))

There is, for the average German consumer, a likelihood of confusion between the figurative sign composed of the word element ‘monBeBé’, with alternating upper- and lower-case letters, all within a black oval frame, for which registration as a Community trade mark is sought for babies’ napkins of absorbent cotton falling within Class 5 of the Nice Agreement, and the word marks bebe registered earlier in Germany and as an international trade mark, having effect, in particular, in Italy, Austria and the Benelux countries for skin and body care preparations and cosmetic preparations, falling within Class 3 of that agreement, given the similarity of the goods in question, the visual and conceptual similarity and some phonetic similarity between the opposing signs and the high degree of acquired distinctiveness of the earlier national trade mark.

(see paras 69, 86)