Judgment of the Court of First Instance (Seventh Chamber) of 12 February 2009 – Lee/DE v OHIM – Cooperativa italiana di ristorazione (PIAZZA del SOLE)
(Case T-265/06)
Community trade mark – Opposition proceedings – Application for Community figurative mark PIAZZA del SOLE – Earlier national and international word marks PIAZZA and PIAZZA D’ORO – Relative ground for refusal – Lack of likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Lack of similarity of the signs
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 34, 56)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 5July 2006 (Case R235/2005‑2) concerning opposition proceedings between Sara Lee/DENV and Cooperativa italiana di ristorazione Soc. Coop. rl. |
Information relating to the case
Applicant for the Community trade mark: | Cooperativa italiana di ristorazione Soc. coop. rl |
Community trade mark sought: | Word mark PIAZZA del SOLE for goods and services in Classes 16, 21, 25, 29, 30, 35, 36 and 42 – Application No1518901 |
Proprietor of the mark or sign cited in the opposition proceedings: | Sara Lee/DE NV |
Marks or signs cited in opposition: | National and international word mark PIAZZA and PIAZZA D’ORO for goods in Classes 21, 29, 30 and 42 |
Decision of the Opposition Division: | Opposition dismissed |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Sara Lee/DENV to pay the costs. |