General Court 09-04-2014 ECLI:EU:T:2014:196

Data

Court: General Court

Case date: 9 april 2014

Verdict

Judgment of the General Court (Third Chamber) of 9 April 2014 — EI du Pont de Nemours v OHIM — Zueco Ruiz (ZYTeL)

(Case T‑288/12)

"Community trade mark - Opposition proceedings - Application for the figurative mark ZYTeL - Earlier Community word mark and well-known mark within the meaning of Article 6bis of the Paris Convention ZYTEL - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Detriment to the distinctive character or repute of the earlier mark - Article 8(5) of Regulation 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 markAssessment of the likelihood of confusionCriteria (Council Regulation No 207/2009, Art. 8(1)(b), and (2)(c)) (see paras 18-20)

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 ZYTeLWord mark ZYTEL and mark ZYTEL (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 26, 44, 47, 49)

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 paras 31, 38, 45)

Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark enjoying a reputationProtection of well-known earlier mark extended to dissimilar goods or servicesConditionsTaking unfair advantage of the distinctive character or repute of the earlier markConcept (Council Regulation No 207/2009, Art. 8(5)) (see paras 57, 58)

Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark enjoying a reputationProtection of well-known earlier mark extended to dissimilar goods or servicesProof to be adduced by proprietorFuture, non-hypothetical risk of unfair advantage or damage (Council Regulation No 207/2009, Art. 8(5)) (see para. 59)

Acts of the institutionsStatement of reasonsObligationScope (Art. 296 TFEU) (see para. 66)

Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark enjoying a reputationProtection of well-known earlier mark extended to dissimilar goods or servicesConditionsLink between the marksCriteria for assessmentAccount taken of the nature of the goods or services in question (Council Regulation No 207/2009, Art. 8(5)) (see para. 70)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 March 2012 (Case R 464/2011-2) relating to opposition proceedings between EI du Pont de Nemours and Company and Mr Enrique Zueco Ruiz.

Operative part

The Court:

Dismisses the action;

Orders EI du Pont de Nemours and Company to pay the costs.