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Document 62014TJ0352
The Smiley Company v OHMI - The Swatch Group Management Services (HAPPY TIME)
The Smiley Company v OHMI - The Swatch Group Management Services (HAPPY TIME)
Judgment of the General Court (Second Chamber) of 15 July 2015 —
The Smiley Company v OHIM — The Swatch Group Management Services (HAPPY TIME)
(Case T‑352/14)
‛Community trade mark — Opposition proceedings — Application for Community word mark HAPPY TIME — Earlier international word mark HAPPY HOURS — 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 22, 45) |
|
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 — Word marks HAPPY TIME and HAPPY HOURS (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 30, 43, 46) |
|
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 or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24-26) |
|
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 — Weak distinctive character of the earlier mark — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 48) |
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 6 February 2014 (Case R 1497/2013-1), relating to opposition proceedings between The Swatch Group Management Services AG and The Smiley Company SPRL.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders The Smiley Company SPRL to pay the costs. |
Judgment of the General Court (Second Chamber) of 15 July 2015 —
The Smiley Company v OHIM — The Swatch Group Management Services (HAPPY TIME)
(Case T‑352/14)
‛Community trade mark — Opposition proceedings — Application for Community word mark HAPPY TIME — Earlier international word mark HAPPY HOURS — 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 22, 45) |
|
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 — Word marks HAPPY TIME and HAPPY HOURS (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 30, 43, 46) |
|
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 or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24-26) |
|
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 — Weak distinctive character of the earlier mark — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 48) |
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 6 February 2014 (Case R 1497/2013-1), relating to opposition proceedings between The Swatch Group Management Services AG and The Smiley Company SPRL.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders The Smiley Company SPRL to pay the costs. |