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Document 62012TJ0568
Golam v OHMI - Derby Cycle Werke (FOCUS extreme)
Golam v OHMI - Derby Cycle Werke (FOCUS extreme)
Judgment of the General Court (First Chamber) of 4 April 2014 — Golam v OHIM — Derby Cycle Werke (FOCUS extreme)
Case T‑568/12
‛Community trade mark — Opposition proceedings — Application for the Community figurative mark FOCUS extreme — Earlier national word mark FOCUS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009’
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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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 23, 46) |
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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 mark FOCUS extreme and word mark FOCUS (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 25, 27, 42, 51) |
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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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 30) |
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4. |
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 of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31, 32) |
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 16 October 2012 (Case R 2327/2011-4), relating to opposition proceedings between Derby Cycle Werke GmbH and Sofia Golam.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Sofia Golam to pay the costs. |
Judgment of the General Court (First Chamber) of 4 April 2014 — Golam v OHIM — Derby Cycle Werke (FOCUS extreme)
Case T‑568/12
‛Community trade mark — Opposition proceedings — Application for the Community figurative mark FOCUS extreme — Earlier national word mark FOCUS — 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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 23, 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 mark FOCUS extreme and word mark FOCUS (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 25, 27, 42, 51) |
|
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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 30) |
|
4. |
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 of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31, 32) |
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 16 October 2012 (Case R 2327/2011-4), relating to opposition proceedings between Derby Cycle Werke GmbH and Sofia Golam.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Sofia Golam to pay the costs. |