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Document 62012TJ0205
GRE v OHMI - Villiger Söhne (LIBERTE american blend sur fond bleu)
GRE v OHMI - Villiger Söhne (LIBERTE american blend sur fond bleu)
Keywords
Subject of the case
Operative part
Keywords
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 — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-21, 53)
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 LIBERTE american blend and La LIBERTAD (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 31, 40, 45, 52, 55)
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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 24)
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 — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 32, 33)
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 — Weak distinctive character of the earlier mark — Relevance (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 59)
Subject of the case
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 1 March 2012 (Case R 387/2011-1), relating to opposition proceedings between Villiger Söhne GmbH and GRE Grand River Enterprises Deutschland GmbH.
Operative part
Operative part
The Court:
1. Dismisses the action;
2. Orders GRE Grand River Enterprises Deutschland GmbH to pay the costs.
Judgment of the General Court (Third Chamber) of 3 July 2013 — GRE v OHIM — Villiger Söhne (LIBERTE american blend against a blue background)
(Case T-205/12)
‛Community trade mark — Opposition proceedings — Application for the Community figurative mark LIBERTE american blend — Earlier Community figurative mark La LIBERTAD — 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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-21, 53) |
|
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 LIBERTE american blend and La LIBERTAD (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 31, 40, 45, 52, 55) |
|
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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 24) |
|
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 — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 32, 33) |
|
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 — Weak distinctive character of the earlier mark — Relevance (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 59) |
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 1 March 2012 (Case R 387/2011-1), relating to opposition proceedings between Villiger Söhne GmbH and GRE Grand River Enterprises Deutschland GmbH.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders GRE Grand River Enterprises Deutschland GmbH to pay the costs. |