Judgment of the General Court (First Chamber) of 11 May 2010.#Nicolas Wessang v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Opposition proceedings - Application for the figurative Community trade mark star foods -Earlier Community figurative and word marks STAR SNACKS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009).#Case T-492/08.

Subject of the case

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 17 September 2008 (Case R 1408/2007-4) relating to opposition proceedings between Nicolas Wessang and Greinwald GmbH.

Information relating to the case

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Operative part

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 September 2008 (Case R 1408/2007-4);

2. Orders Greinwald GmbH to pay its own costs and one third of those of Nicolas Wessang;

3. Orders Mr Wessang to pay two thirds of his own costs;

4. Orders OHIM to pay its own costs.