Community trade mark Opposition proceedings Relative ground for refusal Lack of similarity of the signs Article 8(1)(b) of Regulation (EC) No 40/94 Application for Community figurative mark PIAZZA del SOLE Earlier national and international word marks PIAZZA and PIAZZA D’ORO Lack of likelihood of confusion
Sumário
Judgment of the Court of First Instance (Seventh Chamber) of 12 February 2009.
Sara Lee/DE NV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark PIAZZA del SOLE - Earlier national and international word marks PIAZZA and PIAZZA D’ORO - Relative ground for refusal - Lack of likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Lack of similarity of the signs.
Case T-265/06.
Texto da decisão
Judgment of the Court of First Instance (Seventh Chamber) of 12 February 2009 – Lee/DE v OHIM – Cooperativa italiana di ristorazione (PIAZZA del SOLE)
(Case T-265/06)
Community trade mark – Opposition proceedings – Application for Community figurative mark PIAZZA del SOLE – Earlier national and international word marks PIAZZA and PIAZZA D’ORO – Relative ground for refusal – Lack of likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Lack of similarity of the signs
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 34, 56)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 July 2006 (Case R 235/2005‑2) concerning opposition proceedings between Sara Lee/DE NV and Cooperativa italiana di ristorazione Soc. Coop. rl. |
Information relating to the case
|
Applicant for the Community trade mark: |
Cooperativa italiana di ristorazione Soc. coop. rl |
|
Community trade mark sought: |
Word mark PIAZZA del SOLE for goods and services in Classes 16, 21, 25, 29, 30, 35, 36 and 42 – Application No 1518901 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Sara Lee/DE NV |
|
Marks or signs cited in opposition: |
National and international word mark PIAZZA and PIAZZA D’ORO for goods in Classes 21, 29, 30 and 42 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Sara Lee/DE NV to pay the costs. |