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Judgment of the General Court (First Chamber) of 12 July 2011. # Aldi Einkauf GmbH & Co. OHG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark TOP CRAFT - Earlier national figurative marks Krafft - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Genuine use of the earlier marks - Article 43(2) of Regulation No 40/94 (now Article 42(2) of Regulation No 207/2009) and Rule 22 of Regulation (EC) No 2868/95. # Case T-374/08.

ECLI:EU:T:2011:346

62008TJ0374

July 12, 2011
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(Case T-374/08)

Community trade mark – Opposition proceedings – Application for the Community figurative mark TOP CRAFT – Earlier national figurative marks Krafft – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Genuine use of the earlier marks – Article 43(2) of Regulation No 40/94 (now Article 42(2) of Regulation No 207/2009) and Rule 22 of Regulation (EC) No 2868/95

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 June 2008 (Case R 952/2007-2), relating to opposition proceedings between Illinois Tools Works, Inc. and Aldi Einkauf GmbH & Co. OHG.

Operative part

The Court:

1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 June 2008 (Case R 952/2007-2), relating to opposition proceedings between Illinois Tools Works, Inc. and Aldi Einkauf GmbH & Co. OHG;

2.Orders OHIM to pay the costs.

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