General Court 02-10-2013 ECLI:EU:T:2013:520

Data

Court: General Court

Case date: 2 oktober 2013

Verdict

Judgment of the General Court (Seventh Chamber) of 2 October 2013 —Cartoon Network v OHIM — Boomerang TV (BOOMERANG)

(Case T-285/12)

"Community trade mark - Opposition proceedings - Application for the Community word mark BOOMERANG - Earlier Community figurative mark BoomerangTV - Relative ground for refusal - 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 markCriteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 16, 41)

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 confusionDetermination of the relevant public (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 19)

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 markWord mark BOOMERANG and figurative mark BoomerangTV (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 35, 40, 45, 59)

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 questionComplementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 26)

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 markCoexistence of earlier marks on the marketRelevance (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 55, 56)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 2 April 2012 (Case R 699/2011-2) concerning opposition proceedings between Boomerang TV, SA and The Cartoon Network, Inc.

Operative part

The Court:

Dismisses the action;

Orders The Cartoon Network, Inc. to pay the costs.