Community trade mark Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Likelihood of confusion Opposition procedure Application for Community word mark Bebimil Earlier Community and national word marks BLEMIL Earlier national word mark BLEMIL 1
Sumário
Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009.
Hipp & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition procedure - Application for Community word mark Bebimil - Earlier Community and national word marks BLEMIL - Earlier national word mark BLEMIL 1 - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Likelihood of confusion.
Case T-221/06.
Texto da decisão
Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Hipp & Co v OHIM – Laboratorios Ordesa (Bebimil)
(Case T-221/06)
Community trade mark – Opposition procedure – Application for Community word mark Bebimil – Earlier Community and national word marks BLEMIL – Earlier national word mark BLEMIL 1 – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Likelihood of confusion
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 39-42, 70-74)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 2 June 2006 (Case R 571/2005-1), relating to opposition proceedings between Laboratorios Ordesa, SL and Hipp & Co. KG. |
Information relating to the case
|
Applicant for the Community trade mark: |
Hipp & Co. KG |
|
Community trade mark sought: |
Community word mark Bebimil for goods in Classes 5, 29, 30 and 32 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Laboratorios Ordesa, SL |
|
Mark or sign cited in opposition: |
Community word mark BLEMIL for goods in Classes 5 and 29 and national word marks BLEMIL and BLEMIL 1 |
|
Decision of the Opposition Division: |
Opposition partially upheld |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
1. Dismisses the action;
2. Orders Hipp & Co. KG to pay the costs.