Judgment of the General Court (First Chamber) of 28 June 2011. – Dr. August Oetker Nahrungsmittel KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

Subject of the case

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 340/2007-4) relating to opposition proceedings between Bonfait BV and Dr. August Oetker Nahrungsmittel KG.

Information relating to the case

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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) of 2 October 2009 (Case R 340/2007-4);

2. Orders OHIM to bear its own costs and to pay those incurred by Dr. Oetker Nahrungsmittel KG.