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Case T-60/11: Judgment of the General Court of 22 May 2012 — Kraft Foods Global Brands v OHIM — fenaco (SUISSE PREMIUM) (Community trade mark — Opposition proceedings — Application for Community figurative mark SUISSE PREMIUM — Earlier Community figurative mark Premium — Absolute ground for refusal — No likelihood of confusion — Opposition rejected — Article8(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62011TA0060

62011TA0060

May 22, 2012
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Official Journal of the European Union

C 200/15

(Case T-60/11)(1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark SUISSE PREMIUM - Earlier Community figurative mark Premium - Absolute ground for refusal - No likelihood of confusion - Opposition rejected - Article8(1)(b) of Regulation (EC) No 207/2009)

2012/C 200/29

Language of the case: German

Parties

Applicant: Kraft Foods Global Brands LLC (Northfield, Illinois, United States) (represented by: M. de Justo Bailey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: fenaco Genossenschaft (Bern, Switzerland) (represented by: P. Koch Moreno, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 November 2010 (Case R 522/2010-1) concerning opposition proceedings between Kraft Foods Global Brands LLC and fenaco Genossenschaft.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Kraft Foods Global Brands LLC to pay the costs.

OJ C 103, 2.4.2011.

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