Community trade mark Opposition proceedings Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Likelihood of confusion Application for the Community word mark Clina Earlier Community word mark CLINAIR Relative ground of refusal
Sumário
Judgment of the Court of First Instance (Sixth Chamber) of 11 November 2009.
REWE-Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition Proceedings - Application for the Community word mark Clina - Earlier Community word mark CLINAIR - Relative ground of 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).
Case T-150/08.
Texto da decisão
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. |
Dismisses the action; |
|
2. |
Orders REWE-Zentral AG to pay the costs. |