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. |