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Document 62014TJ0257
Novomatic v OHMI - Berentzen Mally Marketing plus Services (BLACK JACK TM)
Novomatic v OHMI - Berentzen Mally Marketing plus Services (BLACK JACK TM)
Judgment of the General Court (Seventh Chamber) of 6 March 2015 —
Novomatic v OHIM — Berentzen Mally Marketing plus Services (BLACK JACK TM)
(Case T‑257/14)
‛Community trade mark — Opposition Proceedings — Application for Community figurative mark BLACK JACK TM — Earlier Community word and figurative marks BLACK TRACK — 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 para. 17) |
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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 between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 25) |
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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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 28, 29) |
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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 BLACK JACK TM — Word and figurative marks BLACK TRACK (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 42-46) |
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 February 2014 (Case R 329/2012‑4), relating to opposition proceedings between Berentzen Mally Marketing plus Services GmbH and Novomatic AG.
Operative part
The Court:
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Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 February 2014 (Case R 329/2012‑4); |
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Orders OHIM to pay the costs, including those incurred in the proceedings before the Board of Appeal. |