Judgment of the General Court of 10 October 2012 - Bimbo v OHIM - Panrico (BIMBO DOUGHNUTS)
(Case T-569/10)
(Community trade mark - Opposition proceedings - Application for Community word mark BIMBO DOUGHNUTS - Earlier national word mark DOGHNUTS - Relative ground for refusal - Article 75 of Regulation (EC) No 207/2009 - Article 76(2) of Regulation No 207/2009 - Article 8(1)(b) of Regulation No 207/2009 - Application for alteration - Admissibility)
Language of the case: English
Parties
Applicant: Bimbo SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Panrico SA (Barcelona, Spain) (represented by D. Pellisé Urquiza, lawyer)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 October 2010 (Case R-838/2009 4) concerning opposition proceedings between Panrico SA and Bimbo SA.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Bimbo SA to pay, in addition to its own costs, those incurred by OHIM;
3. Orders Panrico SA to bear its own costs.
____________1 - OJ C 46, 12.2.2011.