Community trade mark - Opposition proceedings - Application for the Community figurative mark Friboi - Earlier national word mark FRIBO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009.

Judgment of the General Court (Second Chamber) of 17 February 2011 – J & F Participações v OHIM – Plusfood Wrexham (Friboi) (Case T-324/09) Community trade mark – Opposition proceedings – Application for the Community figurative mark Friboi – Earlier national word mark FRIBO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Genuine use of the earlier mark – Article 42(2) and (3) of Regulation No 207/2009 1.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Concept – Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 26-27) 2.                     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 45, 69) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 22 April 2009 (Case R 824/2008‑1), concerning opposition proceedings between Fribo Foods Ltd and Agropecuaria Friboi, Ltda. Information relating to the case Applicant for the Community trade mark: J & F Participações SA Community trade mark sought: Figurative mark Friboi for goods in Class 29 Proprietor of the mark or sign cited in the opposition proceedings: Plusfood Wrexham Ltd Mark or sign cited in opposition: United Kingdom trade mark registration of the word mark FRIBO for goods in Class 29; United Kingdom trade mark registration of the figurative mark Fribo for goods in Class 29; German trade mark registration of the word mark FRIBO for goods in Class 29; German trade mark registration of the figurative mark FRIBO for goods in Class 29; French trade mark registration of the word mark FRIBO for goods in Class 29; French trade mark registration of the figurative mark FRIBO for goods in Class 29; Italian trade mark registration of the word mark FRIBO for goods in Class 29; Italian trade mark registration of the figurative mark FRIBO for goods in Class 29 Decision of the Opposition Division: Opposition upheld Decision of the Board of Appeal: Appeal partially upheld Operative part The Court: 1. Dismisses the action; 2. Orders J & F Participações SA to pay the costs.