Judgment of the General Court (Eighth Chamber) of 22 October 2015

Data

Court: General Court

Case date: 22 oktober 2015

Verdict

Judgment of the General Court (Eighth Chamber) of 22 October 2015 —

Enosi Mastichoparagogon v OHIM — Gaba International (ELMA)

(Case T‑309/13)

"Community trade mark - Opposition proceedings - International registration designating the European Community - Word mark ELMA - Earlier Community word mark ELMEX - Refusal to register - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009"

1. Community trade markAppeals procedureAction before the EU judicatureModification of the terms of the dispute as brought before the Board of AppealNot permissible (Rules of Procedure of the General Court (1991), Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 15)

2. 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 (1991), Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 16)

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 servicesLikelihood of confusion with the earlier markCriteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23-26, 68)

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 markAssessment of the likelihood of confusionDetermination of the relevant publicAttention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 28-30)

5. 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 markWord marks ELMA and ELMEX (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31-33, 69-71)

6. 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 paras 39, 40)

7. 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 53-57)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 26 March 2013 (Case R 1539/2012-4) relating to opposition proceedings between Gaba International Holding GmbH and Enosi Mastichoparagogon Chiou.

Operative part

The Court:

1. Dismisses the action;

2. Orders Enosi Mastichoparagogon Chiou to pay the costs.