Action brought on 26 January 2011 - Kraft Foods Global Brands v OHIM - Fenaco (SUISSE PREMIUM)
(Case T-60/11)
Language of the case: Spanish
Parties
Applicant: Kraft Foods Global Brands LLC (Northfield, USA) (represented by M. de Justo Bailey, lawyer)
Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Fenaco Genossenschaft (Berne, Switzerland)
Form of order sought
Annul the decision of the First Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 11 November 2010, in Case R 522/2010-1, and
Order the defendant and the co-defendant to bear the cost of the procedure.
Pleas in law and main arguments
Applicant for the Community trade mark: Fenaco Genossenschaft.
Community trade mark applied for: Figurative mark 'SUISSE PREMIUM' for goods and services of Classes 30, 31 and 42.
Proprietor of the mark or sign cited in the opposition proceedings: the Applicant.
Mark or sign cited in opposition: Figurative mark 'PREMIUM' for goods of Class 30.
Decision of the Opposition Division: Opposition dismissed.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009
1, as there is a likelihood of confusion between the marks at issue.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).