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Case T-129/09: Judgment of the General Court of 4 May 2011 — Bongrain v OHIM — apetito (APETITO) (Community trade mark — Opposition proceedings — Application for the Community word mark APETITO — Earlier Community word mark apetito — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62009TA0129
62009TA0129
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18.6.2011
Official Journal of the European Union
C 179/15
(Case T-129/09)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the Community word mark APETITO - Earlier Community word mark apetito - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2011/C 179/26
Language of the case: English
Parties
Applicant: Bongrain SA (Viroflay, France) (represented by: C. Hertz-Eichenrode, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: apetito AG (Rheine, Germany) (represented by: T. Weeg, lawyer)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2009 (Case R 720/2008-4) relating to opposition proceedings between apetito AG and Bongrain SA
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Bongrain SA to pay the costs.
(<span class="super">1</span>) OJ C 141, 20.6.2009.