General Court 26-02-2015 ECLI:EU:T:2015:118

Data

Court: General Court

Case date: 26 februari 2015

Verdict

Judgment of the General Court (Eighth Chamber) of 26 February 2015 —

Costa Crociere v OHIM — Guerlain (SAMSARA)

(Case T‑388/13)

"Community trade mark - Opposition proceedings - Application for the Community word mark SAMSARA - Earlier Community word mark SAMSARA - Relative ground 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 15, 16)

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 SAMSARA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18, 19, 34, 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 between the goods or services in questionCriteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 21, 24)

Community trade markDefinition and acquisition of the Community trade markAssessment of the registrability of a signEU rules only taken into account (Council Regulation No 207/2009) (see para. 35)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 May 2013 (Case R 2049/2011-4), relating to opposition proceedings between Guerlain SA and Costa Crociere SpA.

Operative part

The Court:

Dismisses the action;

Orders Costa Crociere SpA to pay the costs.