I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
2012/C 157/18
Language in which the application was lodged: German
Applicant: Yves Geipel (Auerbach, Germany) (represented by: J. Sachs, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Jörg Reeh (Buxtehude, Germany)
—Annul the contested decision of the First Board of Appeal of OHIM of 12 January 2012 and reject the opposition of 24 July 2009;
—Order OHIM to pay the costs of the proceedings, including the costs incurred in the appeal proceedings.
Applicant for a Community trade mark: Yves Geipel
Community trade mark concerned: Figurative mark ‘BEST BODY NUTRITION’ (international registration No W 982 101, naming the European Union) for goods in classes 25, 28, 29, 30 and 32.
Proprietor of the mark or sign cited in the opposition proceedings: Jörg Reeh.
Mark or sign cited in opposition: Community trade mark No 4 020 161‘BEST4BODY’ for goods in class 25.
Decision of the Opposition Division: Opposition allowed.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: There is no likelihood of confusion between the marks at issue.