General Court 09-04-2013 ECLI:EU:T:2013:157

Data

Court: General Court

Case date: 9 april 2013

Verdict

Judgment of the General Court (Third Chamber) of 9 April 2013 — Italiana Calzature v OHIM — Vicini (Giuseppe BY GIUSEPPE ZANOTTI)

(Case T-337/11)

"Community trade mark - Opposition proceedings - Application for Community figurative mark Giuseppe BY GIUSEPPE ZANOTTI - Prior Community word mark ZANOTTI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009"

1. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markAssessment of the likelihood of confusionCriteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-21, 40)

2. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markFigurative mark Giuseppe BY GIUSEPPE ZANOTTI and word mark ZANOTTI (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 25, 41, 42)

3. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesSimilarity between the goods or services in questionCriteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 24)

4. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesSimilarity of the marks concernedCriteria for assessmentComplex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 27, 50)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 April 2011 (Case R 918/2010-2), concerning opposition proceedings between Societá Italiana Calzature SpA and Vicini SpA.

Operative part

The Court:

1. Dismisses the action;

2. Orders Societá Italiana Calzature SpA to pay the costs.