(Case T-221/06)

Community trade mark – Opposition procedure – Application for Community word mark Bebimil – Earlier Community and national word marks BLEMIL – Earlier national word mark BLEMIL 1 – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Likelihood of confusion

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 39-42, 70-74)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 2 June 2006 (Case R 571/2005-1), relating to opposition proceedings between Laboratorios Ordesa, SL and Hipp & Co. KG.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Community word mark Bebimil for goods in Classes 5, 29, 30 and 32

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

Laboratorios Ordesa, SL

Mark or sign cited in opposition:

Community word mark BLEMIL for goods in Classes 5 and 29 and national word marks BLEMIL and BLEMIL 1

Decision of the Opposition Division:

Opposition partially upheld

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

Dismisses the action;

Orders Hipp & Co. KG to pay the costs.