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Document 62012TJ0487
Eckes-Granini v OHMI - Panini (PANINI)
Eckes-Granini v OHMI - Panini (PANINI)
Judgment of the General Court (Ninth Chamber) of 11 December 2013 — Eckes-Granini v OHIM — Panini (PANINI)
(Case T‑487/12)
‛Community trade mark — Opposition proceedings — Application for the Community figurative mark PANINI — Earlier national and Community word marks GRANINI — Relative ground for refusal — No 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 20, 21) |
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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 — Figurative mark PANINI and word marks GRANINI (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 26, 68-70) |
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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 of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27, 28) |
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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 — Weighting of the elements of difference or similarity of the signs — Taking into account of the intrinsic characteristics of the signs or the conditions in which the goods or services are marketed (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 63) |
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 6 September 2012 (Case R 2393/2011-2) relating to opposition proceedings between Eckes-Granini Group GmbH and Panini SpA.
Operative part
The Court:
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Dismisses the action; |
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Orders Eckes-Granini Group GmbH to pay the costs. |