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Document 62010TJ0200
Avery Dennison v OHMI - Dennison-Hesperia (AVERY DENNISON)
Avery Dennison v OHMI - Dennison-Hesperia (AVERY DENNISON)
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Eighth Chamber) of 16 September 2013 — Avery Dennison v OHIM — Dennison-Hesperia (AVERY DENNISON)
(Case T‑200/10)
‛Community trade mark — Opposition proceedings — Application for Community word mark AVERY DENNISON — Earlier national word mark DENNISON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 — Subject-matter of the dispute before the Board of Appeal’
1. |
Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 20-26, 78) |
2. |
Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Determination of a quantitative threshold of minimum use (Council Regulation No 207/2009, Art. 42(2) and (3)) (see para. 27) |
3. |
Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment — Requirement of solid and objective evidence (Council Regulation No 207/2009, Art. 42(2) and (3)) (see para. 28) |
4. |
Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Use of the mark in a form differing by elements not altering the distinctive character of the mark (Council Regulation No 207/2009, Arts 15(1), second para., (a), and 42(2) and (3)) (see paras 29, 38) |
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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 100, 146) |
6. |
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 — Attention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 103) |
7. |
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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 106) |
8. |
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 — Trade mark constituted by the juxtaposition of an element and another mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 130, 131) |
9. |
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 AVERY DENNISON and DENNISON (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 149-153) |
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 9 February 2010 (Case R 798/2009‑2), relating to opposition proceedings between Dennison-Hesperia, SA and Avery Dennison Corp.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Avery Dennison Corp. to pay the costs. |