Judgment of the General Court (First Chamber) of 20March 2013— Bimbo v OHIM— Café do Brasil (Caffè KIMBO)
(Case T‑277/12)
Community trade mark— Opposition proceedings— Application for the Community figurative mark Caffè KIMBO— Earlier national word mark BIMBO— Relative grounds for refusal— Well-known trade mark within the meaning of Article6 bis of the Paris Convention— Article8(1) of Regulation (EC) No207/2009
1.Community trade mark— Definition and acquisition of the Community trade mark— Relative grounds for refusal— Opposition by the proprietor of an identical or similar earlier mark well known in a Member State— Likelihood of confusion with the earlier mark— Figurative mark Caffè KIMBO and mark BIMBO (Council Regulation No207/2009, Art.8(1)(b), and (2)(c)) (see paras25, 55, 58, 59)
2.Community trade mark— Procedural provisions— Examination of the facts of the Office’s own motion— Opposition proceedings— Examination restricted to the submissions of the parties (Council Regulation No207/2009, Art.76(1)) (see para.26)
3.Community trade mark— Appeals procedure— Appeal to a Board of Appeal— Competence of the Boards of Appeal (Council Regulation No207/2009, Art.64(1)) (see paras38, 39)
4.Community trade mark— Decisions of the Office— Observance of the rights of the defence— Scope of the principle (Council Regulation No207/2009, Art.75) (see para.45)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15May 2012 (Case R1017/2011‑4), relating to opposition proceedings between Bimbo, SA and Café do Brasil SpA. |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Bimbo SA to pay the costs. |