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Document 62011TJ0060
Kraft Foods Global Brands v OHMI - fenaco (SUISSE PREMIUM)
Kraft Foods Global Brands v OHMI - fenaco (SUISSE PREMIUM)
Keywords
Subject of the case
Operative part
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 23, 55-60
)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 11 November 2010 (Case R 522/2010‑1) concerning opposition proceedings between Kraft Foods Global Brands LLC and fenaco Genossenschaft.
Operative part
The Court:
1. Dismisses the action;
2. Orders Kraft Foods Global Brands LLC to pay the costs.
Judgment of the General Court (Third Chamber) of 22 May 2012 — Kraft Foods Global Brands v OHIM — fenaco (SUISSE PREMIUM)
(Case T-60/11)
‛Community trade mark — Opposition proceedings — Application for Community figurative mark SUISSE PREMIUM — Earlier Community figurative mark Premium — Absolute ground for refusal — No likelihood of confusion — Opposition rejected — Article 8(1)(b) of Regulation (EC) No 207/2009’
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 23, 55-60)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 11 November 2010 (Case R 522/2010-1) concerning opposition proceedings between Kraft Foods Global Brands LLC and fenaco Genossenschaft.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Kraft Foods Global Brands LLC to pay the costs. |