Community trade mark Opposition proceedings Relative ground for refusal Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 207/2009 Application for the Community figurative mark Friboi Earlier national word mark FRIBO Genuine use of the earlier mark Article 42(2) and (3) of Regulation No 207/2009
Sumário
Judgment of the General Court (Second Chamber) of 17 February 2011.
J & F Participações SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community figurative mark Friboi - Earlier national word mark FRIBO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009.
Case T-324/09.
Texto da decisão
Judgment of the General Court (Second Chamber) of 17 February 2011 – J & F Participações v OHIM – Plusfood Wrexham (Friboi)
(Case T-324/09)
Community trade mark – Opposition proceedings – Application for the Community figurative mark Friboi – Earlier national word mark FRIBO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Genuine use of the earlier mark – Article 42(2) and (3) of Regulation No 207/2009
1. Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Concept – Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 26-27)
2. 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 207/2009, Art. 8(1)(b)) (see paras 45, 69)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 22 April 2009 (Case R 824/2008‑1), concerning opposition proceedings between Fribo Foods Ltd and Agropecuaria Friboi, Ltda. |
Information relating to the case
|
Applicant for the Community trade mark: |
J & F Participações SA |
|
Community trade mark sought: |
Figurative mark Friboi for goods in Class 29 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Plusfood Wrexham Ltd |
|
Mark or sign cited in opposition: |
United Kingdom trade mark registration of the word mark FRIBO for goods in Class 29; United Kingdom trade mark registration of the figurative mark Fribo for goods in Class 29; German trade mark registration of the word mark FRIBO for goods in Class 29; German trade mark registration of the figurative mark FRIBO for goods in Class 29; French trade mark registration of the word mark FRIBO for goods in Class 29; French trade mark registration of the figurative mark FRIBO for goods in Class 29; Italian trade mark registration of the word mark FRIBO for goods in Class 29; Italian trade mark registration of the figurative mark FRIBO for goods in Class 29 |
|
Decision of the Opposition Division: |
Opposition upheld |
|
Decision of the Board of Appeal: |
Appeal partially upheld |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders J & F Participações SA to pay the costs. |