This document is an excerpt from the EUR-Lex website
Document 62012TJ0516
Ted-Invest v OHMI - Scandia Down (sensi scandia)
Ted-Invest v OHMI - Scandia Down (sensi scandia)
Judgment of the General Court (Sixth Chamber) of 25 September 2014 — Ted-Invest v OHIM — Scandia Down (sensi scandia)
(Case T‑516/12)
‛Community trade mark — Invalidity proceedings — Community figurative mark sensi scandia — Earlier Community word mark SCANDIA HOME — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 16, 37) |
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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 sensi scandia and word mark SCANDIA HOME (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 17, 18, 49, 50) |
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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 — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19, 20) |
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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 (Council Regulation No 2009, Art. 8(1)(b)) (see paras 31, 46) |
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 6 September 2012 (Case R 2247/2011-1), relating to invalidity proceedings between Scandia Down LLC and Ted-Invest EOOD.
Operative part
The Court:
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1. |
Dismisses the action; |
|
2. |
Orders Ted-Invest EOOD to pay the costs. |
Judgment of the General Court (Sixth Chamber) of 25 September 2014 — Ted-Invest v OHIM — Scandia Down (sensi scandia)
(Case T‑516/12)
‛Community trade mark — Invalidity proceedings — Community figurative mark sensi scandia — Earlier Community word mark SCANDIA HOME — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) 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 16, 37) |
|
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 sensi scandia and word mark SCANDIA HOME (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 17, 18, 49, 50) |
|
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 — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19, 20) |
|
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 (Council Regulation No 2009, Art. 8(1)(b)) (see paras 31, 46) |
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 6 September 2012 (Case R 2247/2011-1), relating to invalidity proceedings between Scandia Down LLC and Ted-Invest EOOD.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Ted-Invest EOOD to pay the costs. |