Home

General Court 07-10-2014 ECLI:EU:T:2014:855

General Court 07-10-2014 ECLI:EU:T:2014:855

Data

Court
General Court
Case date
7 oktober 2014

Verdict

Judgment of the General Court (First Chamber) of 7 October 2014 —Tifosi Optics v OHIM — Tom Tailor (T)(Case T‑531/12)

"Community trade mark - Opposition proceedings - Application for Community figurative mark T - Earlier Community figurative mark T - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009"

Community trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtRe-evaluation of the facts in the light of evidence produced for the first time before itExclusion (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 17)

Community trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtReview of the lawfulness of decisions of the Boards of AppealReview of the legal classification given to the facts of the disputeReview of the assessment by the Board of Appeal of the likelihood of confusionSimilarity of the products undisputedEffect (Council Regulation No 207/2009, Art. 65) (see paras 27, 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 servicesLikelihood of confusion with the earlier markCriteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 34-36, 85)

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 products concernedCriteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 38, 39)

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 56, 57)

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 marks T (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 88-92)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 September 2012 (Case R 729/2011-2), concerning opposition proceedings between Tom Tailor GmbH and Tifosi Optics, Inc.

Operative part

The Court:

Dismisses the action;

Orders Tifosi Optics, Inc. to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Tom Tailor GmbH.