General Court 15-07-2015 ECLI:EU:T:2015:501

Data

Court: General Court

Case date: 15 juli 2015

Verdict

Judgment of the General Court (Fourth Chamber) of 15 July 2015 —

Knauf Insulation Technology v OHIM — Saint Gobain Cristalería (ECOSE TECHNOLOGY)

(Case T‑324/12)

"Community trade mark - Opposition proceedings - International registration designating the European Community - Figurative mark ECOSE TECHNOLOGY - Earlier national word mark ECOSEC FACHADAS - Relative grounds 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 18-20, 41, 62)

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. 25)

Community trade markProcedural provisionsStatement of reasons for decisions (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75) (see paras 26-28)

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 assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 60, 61)

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 ECOSE TECHNOLOGY and word mark ECOSEC FACHADAS (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 73, 74)

Community trade markDecisions of the OfficePrinciple of equal treatmentPrinciple of sound administrationOHIM’s previous decision-making practicePrinciple of legalityNeed for a strict and complete examination in each particular case (see paras 76, 77)

Re:

ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 4 May 2012 (Cases R 1193/2011-5 and R 1426/2011-5) relating to opposition proceedings between Saint Gobain Cristalería, SL and Knauf Insulation Technology.

Operative part

The Court:

Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 May 2012 (Cases R 1193/2011-5 and R 1426/2011-5) in so far as the Board of Appeal dismissed the action brought by Knauf Insulation Technology and annulled the decision of the Opposition Division;

Orders OHIM to bear its own costs and to pay half of the costs incurred by Knauf Insulation Technology;

Orders Saint Gobain Cristalería, SL to bear its own costs and to pay half of the costs incurred by Knauf Insulation Technology.