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Judgment of the General Court (Fifth Chamber) of 28 March 2012. # Hipp & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark Bebio - Earlier Community word mark and international word mark BEBA - Partial refusal of registration - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-41/09.
ECLI:EU:T:2012:163
62009TJ0041
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(Case T‑41/09)
Community trade mark — Opposition proceedings — Application for Community word mark Bebio — Earlier Community word mark and international word mark BEBA — Partial refusal of registration — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
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 30, 55-57)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 November 2008 (Case R 1790/2007-2) relating to opposition proceedings between Société des Produits Nestlé, S.A. and Hipp & Co KG.
Operative part
The Court:
1.Dismisses the action;
2.Orders Hipp & Co. KG to pay the costs.