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Document 62011TJ0520
Genebre v OHMI - General Electric (GE)
Genebre v OHMI - General Electric (GE)
Keywords
Subject of the case
Operative part
Keywords
Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Direction issued to the Office — Exclusion (Council Regulation No 207/2009, Art. 65(6)) (see para. 14)
2. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Exclusion (Council Regulation No 207/2009, Art. 65) (see para. 18)
3. Community trade mark — Definition and acquisition of the Community trade mark — Signs capable of constituting a mark — Signs composed of a letter or a combination of letters — 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, Arts 4 and 8(1)(b)) (see para. 40)
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 — Likelihood of confusion with the earlier mark — Weak distinctive character of the earlier mark — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 54)
5. 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 GE — Word and figurative marks GE (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 60)
Subject of the case
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 26 July 2011 (Case R 20/2009-4), relating to opposition proceedings between General Electric Company and Genebre SA.
Operative part
Operative part
The Court:
1. Dismisses the action;
2. Orders Genebre SA to pay the costs.
Judgment of the General Court (Seventh Chamber) of 28 February 2014 — Genebre v OHIM — General Electric (GE)
(Case T‑520/11)
‛Community trade mark — Opposition proceedings — Application for the Community figurative mark GE — Earlier national word mark GE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009’
|
1. |
Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Direction issued to the Office — Exclusion (Council Regulation No 207/2009, Art. 65(6)) (see para. 14) |
|
2. |
Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Exclusion (Council Regulation No 207/2009, Art. 65) (see para. 18) |
|
3. |
Community trade mark — Definition and acquisition of the Community trade mark — Signs capable of constituting a mark — Signs composed of a letter or a combination of letters — 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, Arts 4 and 8(1)(b)) (see para. 40) |
|
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 — Likelihood of confusion with the earlier mark — Weak distinctive character of the earlier mark — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 54) |
|
5. |
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 GE — Word and figurative marks GE (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 60) |
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 26 July 2011 (Case R 20/2009-4), relating to opposition proceedings between General Electric Company and Genebre SA.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Genebre SA to pay the costs. |