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Case T-492/08: Judgment of the General Court of 11 May 2010 — Wessang v OHIM — Greinwald (star foods) (Community trade mark — Opposition proceedings — Application for the figurative Community trade mark star foods — Earlier Community figurative and word marks STAR SNACKS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))
ECLI:EU:UNKNOWN:62008TA0492
62008TA0492
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3.7.2010
Official Journal of the European Union
C 179/37
(Case T-492/08) (*)
(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark star foods - Earlier Community figurative and word marks STAR SNACKS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))
(2010/C 179/64)
Language of the case: German
Parties
Applicant: Nicolas Wessang (Zimmerbach, France) (represented by: A. Grolée, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Führer and G. Schneider, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Greinwald GmbH (Kempten, Germany) (represented by: A. Schulz, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 September 2008 (Case R 1408/2007-4) relating to opposition proceedings between Nicolas Wessang and Greinwald GmbH
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 September 2008 (Case R 1408/2007-4);
2.orders Greinwald GmbH to bear its own costs and to pay a third of Nicolas Wessang’s costs;
3.orders Wessang to bear two-thirds of his own costs;
4.orders OHIM to bear its own costs.
(*)
Language of the case: German.
* * *
(*)