Community trade mark - Opposition proceedings - Application for the 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).

Judgment of the General Court (Eighth Chamber) of 5 May 2011 – Olymp Bezner v OHIM – Bellido (OLYMP) (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: Olymp Bezner GmbH & Co. KG 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.