On July 11, 2006, the OHIM ruled that a risk of confusion could possibly occur between the marks INTERCOOKIES and COOKIES& covering respectively in Class 30 bread, pastry and confectionery and cocoa drinking, bread, chocolate.
While comparing the signs, the Examiner retained COOKIES as the visual and oral dominant element of the two marks.
He further stated that COOKIES was in both cases understood by English and French-speaking consumers as a plural form for naming biscuits without any low or limited distinctiveness for the products involved in the proceedings