(Case T-54/09)

Community trade mark – Opposition proceedings – Application for Community figurative mark Linea Natura Natur hat immer Stil – Earlier Community figurative mark natura selection – Relative ground for refusal – Likelihood of confusion – Similarity of signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

3. Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 71-74)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 November 2008 (Case R 1787/2007-2) relating to opposition proceedings between Natura Selection, SL and XXXLutz Marken GmbH.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark Linea Natura Natur hat immer Stil for goods in Classes 8, 14, 16, 20, 21, 24, 25 and 27 – Registration No 4626693

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

Natura Selection, SL

Mark or sign cited in opposition:

Figurative mark natura selection for goods and services in Classes 3, 14, 16, 20, 25, 35, 38, 39 and 42, and further Community trade marks and Spanish marks containing the word ‘natura’, for goods and services in Classes 3, 14, 16, 20, 21, 24, 25, 27, 28, 35, 39 and 42

Decision of the Opposition Division:

Opposition upheld

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders XXXLutz Marken GmbH to pay the costs.