This document is an excerpt from the EUR-Lex website
Document 62014TJ0356
Judgment of the General Court (Fifth Chamber) of 16 December 2015.
CareAbout GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Community trade mark — Opposition proceedings — Application for Community word mark Kerashot — Earlier national figurative mark K KERASOL — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration by the Board of Appeal.
Case T-356/14.
Judgment of the General Court (Fifth Chamber) of 16 December 2015.
CareAbout GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Community trade mark — Opposition proceedings — Application for Community word mark Kerashot — Earlier national figurative mark K KERASOL — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration by the Board of Appeal.
Case T-356/14.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Fifth Chamber) of 16 December 2015 —
CareAbout v OHIM — Florido Rodríguez (Kerashot)
(Case T‑356/14)
‛Community trade mark — Opposition proceedings — Application for Community word mark Kerashot — Earlier national figurative mark K KERASOL — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration by the Board of Appeal’
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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 16, 39, 72) |
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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 — Assessment of the likelihood of confusion — Attention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 17, 23-25) |
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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 — Likelihood of confusion with the earlier mark — Word mark ‘Kerashot’ and figurative mark in black and white ‘K KERASOL’ (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 38, 77, 78, 81) |
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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 — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31, 32) |
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Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Annulment or variation for reasons appearing after judgment was delivered — Exclusion (Council Regulation No 207/2009, Arts 65(2), and 76) (see paras 49, 50) |
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 24 March 2014 (Case R 1569/2013-4), relating to opposition proceedings between José Luis Florido Rodriguez and CareAbout GmbH.
Operative part
The Court:
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Dismisses the action; |
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Orders CareAbout GmbH to pay the costs. |