(Case T-331/08)

Community trade mark – Opposition proceedings – Application for Community word mark Solfrutta – Earlier Community word mark FRUTISOL – Relative grounds for refusal – Likelihood of confusion – Partial refusal of registration – 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 15, 27-30)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 May 2008 (Case R 1679/2007-2) relating to opposition proceedings between Grupo Corporativo Teype, SL and REWE-Zentral AG.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

The word mark Solfrutta for goods in Classes 29, 30 and 32

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

Grupo Corporativo Teype, SL

Mark or sign cited in opposition:

Community trade mark registration No 1687722 of the word mark FRUTISOL for goods in Class 32; Spanish trade mark registration No 2018327 of the word mark FRUTISOL for goods in Class 32

Decision of the Opposition Division:

Opposition partially upheld

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Annuls the decision of the Second Board of Appeal of OHIM of 21 May 2008 (Case R 1679/2007-2);

2.Orders OHIM to pay the costs.