Community trade mark - Opposition proceedings - Application for Community figurative mark Oyster cosmetics - Earlier Community figurative mark Kadus oystra AUTO STOP PROTECTION - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 207/2009.

Judgment of the General Court (Fourth Chamber) of 2 February 2011 – Oyster Cosmetics v OHIM – Kadabell (Oyster cosmetics) (Case T-437/09) Community trade mark – Opposition proceedings – Application for Community figurative mark Oyster cosmetics – Earlier Community figurative mark Kadus oystra AUTO STOP PROTECTION – Relative ground for refusal – Likelihood of confusion – Similarity of signs – 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 207/2009, Art. 8(1)(b)) (see paras 23, 51, 55) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 5 August 2009 (Case R 1367/2008-1) concerning opposition proceedings between Kadabell GmbH & Co. KG and Oyster Cosmetics SpA. Information relating to the case Applicant for the Community trade mark: Oyster Cosmetics SpA Community trade mark sought: Figurative mark Oyster cosmetics for goods in Class 3 – Application No 3791555 Proprietor of the mark or sign cited in the opposition proceedings: Kadabell GmbH & Co. KG Mark or sign cited in opposition: Community trade mark registration of the figurative mark Kadus oystra AUTO STOP PROTECTION for goods in Class 3 Decision of the Opposition Division: Opposition partially upheld Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Oyster Cosmetics SpA to pay the costs.