In Case T-60/11, fenaco Genossenschaft registered the following figurative CTM for goods in Classes 30 “Cereal flakes, cereals for breakfast, cereal preparations, flours, bakery goods, confectionery;all the aforesaid goods made in Switzerland” and 31 “bread cereals, feed grains, foodstuffs, seeds;all the aforesaid goods made in Switzerland” and services in Class 42 “certification of seeds, cereals, baking flour and cereal products”:

Gervais Danone SA- now Kraft Foods Global Brands- brought an opposition on the grounds of Article 8 (1) (b) and (5) CTMR on the basis of the following CTM registered for Class 30 goods “Biscuits, cakes, pastry, crackers, bakery products and bread substitutes”:

The OHIM rejected the opposition which was confirmed by the General Court because the overall impression of the marks differs and there is only a partial similarity from a conceptual and visual point of view: the differences consisting in the white cross, background and the double ear are predominant. Therefore, even for similar or identical goods, and since the earlier mark has a weak distinctive character for the goods protected (Premium will be understood by most of the public as a laudatory term of high quality), there is no likelihood of confusion between the marks in conflict.