Judgment of the Court of First Instance (Sixth Chamber) of 11 November 2009 – REWE‑Zentral v OHIM – Aldi Einkauf (Clina)

(Case T-150/08)

Community trade mark – Opposition proceedings – Application for the Community word mark Clina – Earlier Community word mark CLINAIR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 33, 68-69)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2008 (Case R 1484/2006-4) concerning opposition proceedings between Aldi Einkauf GmbH & Co. OHG and REWE-Zentral AG.

Information relating to the case

Applicant for the Community trade mark:	REWE-Zentral AG
Community trade mark sought:	Word mark Clina for goods in Classes 3 and 21 – Application No 3921079
Proprietor of the mark or sign cited in the opposition proceedings:	Aldi Einkauf GmbH & Co. OHG.
Mark or sign cited in opposition:	Word mark CLINAIR for goods in Classes 3 and 5 (Community trade mark No 1769850)
Decision of the Opposition Division:	Opposition rejected
Decision of the Board of Appeal:	Annulment of the Opposition Division’s decision and rejection of the trade mark application

Operative part

The Court:

1. 1. Dismisses the action;

2. 2. Orders REWE-Zentral AG to pay the costs.