7.2.2009

EN

Official Journal of the European Union

C 32/40

(Case T-492/08)

(2009/C 32/77)

Language in which the application was lodged: French

Parties

Applicant: Nicolas Wessang (Zimmerbach, France) (represented by: A. Grolée, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Greinwald GmbH (Kempten, Germany)

Form of order sought

—Annul the decision of the Board of Appeal of OHIM of 17 September 2008;

—Uphold the opposition filed by Mr Nicolas WESSANG of 26 September 2005 against the application for registration of the mark STAR FOODS + device No 004105615;

—Reject that application for registration No 004105615 in its entirety;

—Order the company Greinwald GmbH to pay the whole of the costs incurred by Mr Nicolas WESSANG in the opposition proceedings, the appeal proceedings and the present proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Greinwald GmbH

Community trade mark concerned: Figurative mark ‘star foods’ for goods in Classes 29, 30 and 32 — application No 4 105 615

Proprietor of the mark or sign cited in the opposition proceedings: Nicolas Wessang

Mark or sign cited in opposition: Community figurative and word marks ‘STAR SNACKS’ for goods in Classes 29, 30 and 31

Decision of the Opposition Division: The opposition is upheld

Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and rejection of the opposition

Pleas in law: According to the applicant, there is a likelihood of confusion between the two marks at issue, to the extent that they are extremely similar both visually and phonetically or conceptually and refer to similar or even identical goods.