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

(Case T-492/08)

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

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 19, 59-60)

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.

Information relating to the case

Applicant for the Community trade mark:

Greinwald GmbH

Community trade mark sought:

Figurative mark star foods in Classes 29, 30 and 32 – Application No 4105615

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

Nicolas Wessang

Mark or sign cited in opposition:

Community figurative and word marks STAR SNACKS for goods in Classes 29, 30 and 31

Decision of the Opposition Division:

Opposition upheld

Decision of the Board of Appeal:

Decision of the Opposition Division annulled and the opposition dismissed


Operative part

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 pay its own costs and one third of those of Nicolas Wessang;

3.

Orders Mr Wessang to pay two thirds of his own costs;

4.

Orders OHIM to pay its own costs.