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Judgment of the General Court (Second Chamber) of 17 February 2011. # J & F Participações SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark Friboi - Earlier national word mark FRIBO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009. # Case T-324/09.
ECLI:EU:T:2011:47
62009TJ0324
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(Case T-324/09)
Community trade mark – Opposition proceedings – Application for the Community figurative mark Friboi – Earlier national word mark FRIBO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Genuine use of the earlier mark – Article 42(2) and (3) of Regulation No 207/2009
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 22 April 2009 (Case R 824/2008‑1), concerning opposition proceedings between Fribo Foods Ltd and Agropecuaria Friboi, Ltda.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Figurative mark Friboi for goods in Class 29
Proprietor of the mark or sign cited in the opposition proceedings:
Plusfood Wrexham Ltd
Mark or sign cited in opposition:
United Kingdom trade mark registration of the word mark FRIBO for goods in Class 29; United Kingdom trade mark registration of the figurative mark Fribo for goods in Class 29; German trade mark registration of the word mark FRIBO for goods in Class 29; German trade mark registration of the figurative mark FRIBO for goods in Class 29; French trade mark registration of the word mark FRIBO for goods in Class 29; French trade mark registration of the figurative mark FRIBO for goods in Class 29; Italian trade mark registration of the word mark FRIBO for goods in Class 29; Italian trade mark registration of the figurative mark FRIBO for goods in Class 29
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal partially upheld
Operative part
The Court:
1.Dismisses the action;
2.Orders J & F Participações SA to pay the costs.