Judgment of the General Court (Seventh Chamber) of 10 October 2012 — Wessang v OHIM — Greinwald (star foods)

(Case T‑333/11)

Community trade mark — Opposition proceedings — Application for Community figurative mark star foods — Earlier Community word and figurative marks STAR SNACKS — Relative ground for refusal — 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 — Figurative mark star foods and word mark STAR SNACKS (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25-38)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 April 2011 (Case R 1837/2010-4) relating to opposition proceedings between Mr Nicolas Wessang and Greinwald GmbH.

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 15 April 2011 (Case R 1837/2010-4) in relation to goods falling within Classes 29, 30 and, with the exception of ‘beers’, within Class 32 within the meaning of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs and three quarters of the costs of Mr Nicolas Wessang;

4. Orders Mr Wessang to bear one quarter of his own costs;

5. Orders Greinwald GmbH to bear its own costs.