4.4.2009 |
EN |
Official Journal of the European Union |
C 82/32 |
Action brought on 27 January 2009 — Hipp & Co v OHIM — Nestlé (Bebio)
(Case T-41/09)
(2009/C 82/56)
Language in which the application was lodged: English
Parties
Applicant: Hipp & Co (Sachseln, Switzerland) (represented by: A. Bognár and M. Kinkeldey, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Sociéte des Produits Nestlé, S.A. (Vevey, Switzerland)
Form of order sought
— |
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 November 2008 in case R 1790/2007-2; and |
— |
Order OHIM to pay the costs. |
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The word mark ‘Bebio’, for goods in classes 5, 29, 30 and 32
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited: International trade mark registration No 187 436 of the word mark ‘BEBA’ for goods in classes 5, 29 and 30; Community trade mark registration No 3 043 387 of the word mark ‘BEBA’ for goods in classes 5, 29 and 30
Decision of the Opposition Division: Partially upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal wrongly assessed that there was a likelihood of confusion between the trade marks concerned