Judgment of the General Court (Seventh Chamber) of 19 April 2013
Judgment of the General Court (Seventh Chamber) of 19 April 2013
Data
- Court
- General Court
- Case date
- 19 april 2013
Verdict
Judgment of the General Court (Seventh Chamber) of 19 April 2013 — Hultafors Group v OHIM — Società Italiana Calzature (Snickers)
(Case T-537/11)
"Community trade mark - Opposition proceedings - Application for Community figurative mark Snickers - Earlier national word mark KICKERS - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009"
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 Snickers and word mark KICKERS (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 27, 38, 47, 52, 54-56)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2011 (Case R 2519/2010-4) relating to opposition proceedings between Società Italiana Calzature SpA and Hultafors Group AB.
Operative part
The Court:
1. Dismisses the action;
2. Orders Hultafors Group AB to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Società Italiana Calzature SpA in the proceedings before the General Court, and the costs incurred by Società Italiana Calzature SpA for the purposes of the proceedings before the Board of Appeal.