Judgment of the General Court (First Chamber) of 28 June 2011 – Oetker Nahrungsmittel v OHIM – Bonfait (Buonfatti)

(Case T-471/09)

Community trade mark – Opposition proceedings – Application for Community word mark ‘Buonfatti’ – Earlier Benelux word mark Bonfait – No likelihood of confusion – 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 56-57, 86)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 340/2007-4) relating to opposition proceedings between Bonfait BV and Dr. August Oetker Nahrungsmittel KG.

Information relating to the case

Applicant for the Community trade mark:	Dr. August Oetker Nahrungsmittel KG
Community trade mark sought:	Word mark Buonfatti for goods in Classes 29 and 30 – Application No 3939915
Proprietor of the mark or sign cited in the opposition proceedings:	Bonfait BV
Mark or sign cited in opposition:	In particular, the Benelux word mark Bonfait No 393133 and the figurative Community trade mark Bonfait No 648816 for goods in Classes 29 and 30
Decision of the Opposition Division:	Opposition dismissed
Decision of the Board of Appeal:	Decision of the Opposition Decision annulled; registration refused

Operative part

The Court:

1. 1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 October 2009 (Case R 340/2007-4);

2. 2. Orders OHIM to bear its own costs and to pay those incurred by Dr. Oetker Nahrungsmittel KG.