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Document 62008TJ0150

    Judgment of the Court of First Instance (Sixth Chamber) of 11 November 2009.
    REWE-Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition Proceedings - Application for the Community word mark Clina - Earlier Community word mark CLINAIR - Relative ground of refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
    Case T-150/08.

    European Court Reports 2009 II-00211*

    ECLI identifier: ECLI:EU:T:2009:431





    Judgment of the Court of First Instance (Sixth Chamber) of 11 November 2009 – REWE‑Zentral v OHIM – Aldi Einkauf (Clina)

    (Case T-150/08)

    Community trade mark – Opposition proceedings – Application for the Community word mark Clina – Earlier Community word mark CLINAIR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 8(1)(b)) (see paras 33, 68-69)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2008 (Case R 1484/2006-4) concerning opposition proceedings between Aldi Einkauf GmbH & Co. OHG and REWE-Zentral AG.

    Information relating to the case

    Applicant for the Community trade mark:

    REWE-Zentral AG

    Community trade mark sought:

    Word mark Clina for goods in Classes 3 and 21 – Application No 3921079

    Proprietor of the mark or sign cited in the opposition proceedings:

    Aldi Einkauf GmbH & Co. OHG.

    Mark or sign cited in opposition:

    Word mark CLINAIR for goods in Classes 3 and 5 (Community trade mark No 1769850)

    Decision of the Opposition Division:

    Opposition rejected

    Decision of the Board of Appeal:

    Annulment of the Opposition Division’s decision and rejection of the trade mark application


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders REWE-Zentral AG to pay the costs.

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