This document is an excerpt from the EUR-Lex website
Document 62015TJ0006
Judgment of the General Court (Third Chamber) of 25 May 2016.
Ice Mountain Ibiza, SL v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for EU figurative mark ocean ibiza — Earlier national figurative marks OC ocean club and OC ocean club Ibiza — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009.
Case T-6/15.
Judgment of the General Court (Third Chamber) of 25 May 2016.
Ice Mountain Ibiza, SL v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for EU figurative mark ocean ibiza — Earlier national figurative marks OC ocean club and OC ocean club Ibiza — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009.
Case T-6/15.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Third Chamber) of 25 May 2016 —
Ice Mountain Ibiza v EUIPO — Marbella Atlantic Ocean Club (ocean ibiza)
(Case T‑6/15)
‛EU trade mark — Opposition proceedings — Application for EU figurative mark ocean ibiza — Earlier national figurative marks OC ocean club and OC ocean club Ibiza — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009’
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EU trade mark — Definition and acquisition of the EU 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 17-19, 23, 64) |
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EU trade mark — Definition and acquisition of the EU 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 ocean ibiza — Figurative marks OC ocean club and OC ocean club Ibiza (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 21, 24, 25, 54, 57, 62, 72) |
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EU trade mark — Definition and acquisition of the EU 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 — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 27) |
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EU trade mark — Definition and acquisition of the EU 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 — Similarity of the marks concerned — Assessment of the distinctiveness of an element composing a trade mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 35) |
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EU trade mark — Definition and acquisition of the EU 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 — Coexistence of earlier marks on the market — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 36, 37, 70) |
Re:
ACTION brought against the decision of the First Board of Appeal of EUIPO of 8 October 2014 (Case R 2207/2013-1) relating to opposition proceedings between Marbella Atlantic Ocean Club and Ice Mountain Ibiza.
Operative part
The Court:
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Dismisses the action; |
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Orders Ice Mountain Ibiza, SL to pay the costs. |