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Document 62015TJ0053
Judgment of the General Court (Seventh Chamber) of 10 March 2016.
credentis AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark — Opposition proceedings — Application for Community word mark Curodont — Earlier national word mark Eurodont — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009.
Case T-53/15.
Judgment of the General Court (Seventh Chamber) of 10 March 2016.
credentis AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark — Opposition proceedings — Application for Community word mark Curodont — Earlier national word mark Eurodont — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009.
Case T-53/15.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Seventh Chamber) of 10 March 2016 —
credentis v OHIM — Aldi Karlslunde (Curodont)
(Case T‑53/15)
‛Community trade mark — Opposition proceedings — Application for Community word mark Curodont — Earlier national word mark Eurodont — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009’
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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 15, 50) |
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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 — Assessment of the likelihood of confusion — Determination of the relevant public — Attention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 16, 22) |
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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 — Word marks Curodont and Eurodont (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 23, 31, 49, 53) |
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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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 24) |
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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 para. 29) |
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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 — Similarity of the marks concerned — Whether conceptual differences may neutralise visual or aural similarities — Conditions (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 47) |
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 13 November 2014 (Case R 353/2014-1), relating to opposition proceedings between Aldi Karlslunde K/S and credentis AG.
Operative part
The Court:
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Dismisses the action; |
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Orders credentis AG to pay the costs. |