Judgment of the General Court (Ninth Chamber) of 8 October 2014

Data

Court: General Court

Case date: 8 oktober 2014

Verdict

Judgment of the General Court (Ninth Chamber) of 8 October 2014 —Laboratoires Polive v OHIM — Arbora & Ausonia (dodie)(Cases T‑122/13 and T‑123/13)

"Community trade mark - Opposition proceedings - Application for Community figurative mark dodie - Earlier national word marks DODOT - Relative ground for refusal - No 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 20, 21, 54)

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 markFigurative mark dodie and word marks DODOT (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 28-30, 53, 57)

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 assessmentComposite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31, 32)

Re:

Two actions brought against two decisions of the Second Board of Appeal of OHIM of 28 November 2012 (Cases R 2324/2011‑2 and R 2325/2011‑2, respectively) relating to two sets of opposition proceedings between Arbora & Ausonia, SLU and Laboratoires Polive.

Operative part

The Court:

1. Joins Cases T‑122/13 and T‑123/13 for the purposes of the judgment;

2. Annuls the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 November 2012 (Cases R 2324/2011‑2 and R 2325/2011‑2);

3. Orders OHIM to bear its own costs and to pay those incurred by Laboratoires Polive;

4. Orders Arbora & Ausonia, SLU to bear its own costs.