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Document 62012TJ0425
Sport Eybl & Sports Experts v OHMI - Elite Licensing (e)
Sport Eybl & Sports Experts v OHMI - Elite Licensing (e)
Judgment of the General Court (Second Chamber) of 11 July 2014 — Sport Eybl & Sports Experts v OHIM — Elite Licensing (e)
(Case T‑425/12)
‛Community trade mark — Opposition proceedings — Application for Community figurative mark e — Earlier Community figurative mark e — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009’
1. |
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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18-22, 42, 46) |
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 — Figurative marks e (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 25, 43, 44) |
3. |
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 — Similarity between the goods or services in question — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 29, 30) |
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 26 June 2012 (Case R 881/2011-1) concerning opposition proceedings between Elite Licensing Company SA and Sport Eybl & Sports Experts GmbH.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Sport Eybl & Sports Experts GmbH to pay the costs. |