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Case T-277/12: Judgment of the General Court of 20 March 2013 — Bimbo v OHIM — Café do Brasil (Caffè KIMBO) (Community trade mark — Opposition proceedings — Application for the Community figurative mark Caffè KIMBO — Earlier national word mark BIMBO — Relative grounds for refusal — Well-known trade mark within the meaning of Article 6 bis of the Paris Convention — Article 8(1) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0277
62012TA0277
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4.5.2013
Official Journal of the European Union
C 129/19
(Case T-277/12)(1)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark Caffè KIMBO - Earlier national word mark BIMBO - Relative grounds for refusal - Well-known trade mark within the meaning of Article 6 bis of the Paris Convention - Article 8(1) of Regulation (EC) No 207/2009)
2013/C 129/38
Language of the case: English
Parties
Applicant: Bimbo, SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Café do Brasil SpA (Melito di Napoli, Italy) (represented by: M. Mostardini, G. Galimberti and F. Melluci, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 May 2012 (Case R 1017/2011-4), relating to opposition proceedings between Bimbo, SA and Café do Brasil SpA
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Bimbo, SA, to pay the costs.
OJ C 273, 8.9.2012.