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Case T-324/09: Judgment of the General Court of 17 February 2011 — J & F Participações v OHIM — Plusfood Wrexham (Friboi) (Community trade mark — Opposition proceedings — Application for the Community figurative mark Friboi — Earlier national word mark FRIBO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62009TA0324
62009TA0324
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Official Journal of the European Union
C 103/22
(Case T-324/09)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark Friboi - Earlier national word mark FRIBO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009)
2011/C 103/38
Language of the case: English
Parties
Applicant: J & F Participações SA (Sorocaba, Brazil) (represented by: A. Fernández Fernández-Pacheco, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J.F. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Plusfood Wrexham Ltd (Llay, Wrexham, United Kingdom) (represented by: G. van Roeyen, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 22 April 2009 (Case R 824/2008-1), concerning opposition proceedings between Fribo Foods Ltd and Agropecuaria Friboi, Ltda.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders J & F Participações SA to pay the costs.
(<span class="super">1</span>) OJ C 256, 24.10.2009.