Language of document :

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.

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1 - OJ C 46, 12.2.2011.