(Case T-204/09)

Community trade mark – Opposition proceedings – Application for Community figurative mark OLYMP – Earlier national figurative mark OLIMPO – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 28, 57-60)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 March 2009 (Case R 598/2008-2) relating to opposition proceedings between Miguel Bellido SA and Olymp Bezner GmbH & Co. KG.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark OLYMP for goods in Class 25 – Application No 4713293

Party requesting the declaration of invalidity of the Community trade mark:

Miguel Bellido, SA

Trade mark of the party seeking cancellation:

Spanish trade mark registration of the figurative mark OLIMPO for goods in Class 25

Decision of the Cancellation Division:

Opposition upheld

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Olymp Bezner GmbH & Co. KG to pay the costs.