Judgment of the General Court (Sixth Chamber) of 5 February 2015

Data

Court: General Court

Case date: 5 februari 2015

Verdict

Judgment of the General Court (Sixth Chamber) of 5 February 2015 — Türkiye Garanti Bankasi v OHIM — Card & Finance Consulting (bonus &more)

(Case T‑33/13)

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

1. 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, 19, 26)

2. 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 confusionAttention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 21, 24)

3. 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 para. 27)

4. 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 bonus & more and bonus net (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 25, 43, 46)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 November 2012 (Case R 1890/2011-4), relating to opposition proceedings between Türkiye Garanti Bankasi AS and Card & Finance Consulting GmbH.

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 November 2012 (Case R 1890/2011-4);

2. Orders OHIM to bear its own costs and to pay those incurred by Türkiye Garanti Bankasi AS.