This document is an excerpt from the EUR-Lex website
Document 62012TJ0523
Rani Refreshments v OHMI - Global-Invest Bartosz Turek (Sani)
Rani Refreshments v OHMI - Global-Invest Bartosz Turek (Sani)
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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18, 34)
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 Sani — Figurative marks Hani or llani and RANI (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-21, 37-40)
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 — Likelihood of confusion with the earlier mark — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 30)
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 — Likelihood of confusion with the earlier mark — Weighting of the marks concerned — Objective marketing considerations to be taken into account (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 42)
Subject of the case
Re:
ACTION against the decision of the Fourth Board of Appeal of OHIM of 27 September 2012 (Case R 236/2012-4), concerning opposition proceedings between Aujan Industries Co. (S J C) and Global-Invest Bartosz Turek.
Operative part
Operative part
The Court:
1. Dismisses the action;
2. Orders Rani Refreshments FZCO to pay the costs.
Judgment of the General Court (Third Chamber) of 24 June 2014 — Rani Refreshments v OHIM — Global-Invest Bartosz Turek (Sani)
(Case T‑523/12)
‛Community trade mark — Opposition proceedings — Application for Community figurative mark Sani — Earlier Community figurative marks Hani or llani and RANI — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18, 34) |
|
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 Sani — Figurative marks Hani or llani and RANI (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-21, 37-40) |
|
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 — Likelihood of confusion with the earlier mark — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 30) |
|
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 — Likelihood of confusion with the earlier mark — Weighting of the marks concerned — Objective marketing considerations to be taken into account (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 42) |
Re:
ACTION against the decision of the Fourth Board of Appeal of OHIM of 27 September 2012 (Case R 236/2012-4), concerning opposition proceedings between Aujan Industries Co. (S J C) and Global-Invest Bartosz Turek.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Rani Refreshments FZCO to pay the costs. |