Judgment of the General Court of 11 May 2010 — Wessang v OHIM — Greinwald (star foods)

(Case T-492/08) (1)

(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark star foods - Earlier Community figurative and word marks STAR SNACKS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))

(2010/C 179/64)

Language of the case: German

Parties

Applicant: Nicolas Wessang (Zimmerbach, France) (represented by: A. Grolée, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Führer and G. Schneider, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Greinwald GmbH (Kempten, Germany) (represented by: A. Schulz, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 September 2008 (Case R 1408/2007-4) relating to opposition proceedings between Nicolas Wessang and Greinwald GmbH

Operative part of the judgment

The Court:

1.	Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 September 2008 (Case R 1408/2007-4);

2.	orders Greinwald GmbH to bear its own costs and to pay a third of Nicolas Wessang’s costs;

3.	orders Wessang to bear two-thirds of his own costs;

4.	orders OHIM to bear its own costs.

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(1)  OJ C 32 of 7.2.2009