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.