EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62014CJ0270
Judgment of the Court (Sixth Chamber) of 15 October 2015.
Debonair Trading Internacional Ldª v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Appeal — Community trade mark — Regulation No 40/94 — Article 8(1)(b) — Application for Community word mark SÔ:UNIC — Earlier national and Community word marks SO…?, SO…? ONE, SO…? CHIC — Relative grounds for refusal — Likelihood of confusion — Family of marks.
Case C-270/14 P.
Judgment of the Court (Sixth Chamber) of 15 October 2015.
Debonair Trading Internacional Ldª v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Appeal — Community trade mark — Regulation No 40/94 — Article 8(1)(b) — Application for Community word mark SÔ:UNIC — Earlier national and Community word marks SO…?, SO…? ONE, SO…? CHIC — Relative grounds for refusal — Likelihood of confusion — Family of marks.
Case C-270/14 P.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the Court (Sixth Chamber) of 15 October 2015 —
Debonair Trading Internacional v OHIM
(Case C‑270/14 P) ( 1 )
‛Appeal — Community trade mark — Regulation No 40/94 — Article 8(1)(b) — Application for Community word mark SÔ:UNIC — Earlier national and Community word marks SO…?, SO…? ONE, SO…? CHIC — Relative grounds for refusal — Likelihood of confusion — Family of marks’
1. |
Appeal — Grounds — Error of law — Inapplicability of the criteria identified as being legally relevant by the EU judicature in the context of its interpretation of Article 8(1)(b) of Regulation No 40/94 (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Council Regulation No 40/94, Art. 8(1)(b)) (see para. 31) |
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 — Likelihood of association — Earlier trade marks with characteristics enabling them to be regarded as part of the same ‘series’ or ‘family’ — Conditions (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 32) |
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 — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 33, 37) |
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders Debonair Trading Internacional Lda to pay the costs. |
( 1 ) OJ C 303, 8.9.2014.