Judgment of the General Court of 4 May 2011 — Bongrain v OHIM — apetito (APETITO)

(Case T-129/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark APETITO - Earlier Community word mark apetito - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 179/26

Language of the case: English

Parties

Applicant: Bongrain SA (Viroflay, France) (represented by: C. Hertz-Eichenrode, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: apetito AG (Rheine, Germany) (represented by: T. Weeg, lawyer)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2009 (Case R 720/2008-4) relating to opposition proceedings between apetito AG and Bongrain SA

Operative part of the judgment

The Court:

(1)  OJ C 141, 20.6.2009.