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Document 62012TJ0425

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.
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