Judgment of the General Court (Eighth Chamber) of 5 May 2011 – Olymp Bezner v OHIM – Bellido (Olymp)

(Case T-203/09)

Community trade mark – Invalidity proceedings – Community word mark OLYMP – Earlier national figurative mark OLIMPO – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Existence of an identical or similar earlier trade mark registered for identical or similar goods or services (Council Regulation No 40/94, Arts 8(1)(b) and 52(1)(a)) (see paras 30, 60-62)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 March 2009 (Case R 531/2008-2) relating to invalidity proceedings between Miguel Bellido SA and Olymp Bezner GmbH & Co. KG.

Information relating to the case

Registered Community trade mark of which cancellation sought:	Word mark Olymp for goods in Class 25 – Application No 1158328
Proprietor of the Community trade mark:	Olymp Bezner GmbH & Co. KG
Party requesting the declaration of invalidity of the Community trade mark:	Miguel Bellido, SA
Trade mark of the party seeking cancellation:	Spanish trade mark registration of the figurative mark OLIMPO for goods in Class 25
Decision of the Cancellation Division:	Community trade mark concerned declared invalid
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. 1. Dismisses the action;

2. 2. Orders Olymp Bezner GmbH & Co. KG to pay the costs.