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Document 62014TJ0256
Giuntoli v OHMI - Société des produits Nestlé (CREMERIA TOSCANA)
Giuntoli v OHMI - Société des produits Nestlé (CREMERIA TOSCANA)
Judgment of the General Court (Ninth Chamber) of 29 October 2015 —
Giuntoli v OHIM — Société des produits Nestlé (CREMERIA TOSCANA)
(Case T‑256/14)
‛Community trade mark — Opposition proceedings — Application for the Community figurative mark CREMERIA TOSCANA — Earlier international figurative mark la Cremeria — 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 18, 20, 62) |
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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 — Refusal to register on a ground relating to refusal even limited to part of the Union (Council Regulation No207/2009, Art. 8(1)(b)) (see paras 19, 41) |
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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 — Assessment of the distinctiveness of an element composing a trade mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27-32) |
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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 marks CREMERIA TOSCANA and la Cremeria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 40, 42, 65, 66) |
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 12 February 2014 (Case R 886/2013-2) relating to opposition proceedings between Société des produits Nestlé SA and Mr Andrea Giuntoli.
Operative part
The Court:
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Dismisses the action; |
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Orders Mr Andrea Giuntoli to pay the costs. |