General Court 04-03-2015 ECLI:EU:T:2015:135

Data

Court: General Court

Case date: 4 maart 2015

Verdict

Judgment of the General Court (Fourth Chamber) of 4 March 2015 — FSA v OHIM — Motokit Veículos e Acessórios (FSA K-FORCE)

(Case T‑558/13)

"Community trade mark - Invalidity proceedings - Community word mark FSA K-FORCE - Earlier Community word mark FORCE-X - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009"

1. Community trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtDeclaratory judgmentsNot included (Council Regulation No 207/2009, Art. 65(3)) (see para. 14)

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 markCriteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-21, 53)

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 between the goods or services in questionCriteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 28)

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 servicesSimilarity of the marks concernedCriteria for assessmentComposite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31-33)

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 FSA K-FORCE and FORCE-X (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 54-60)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 August 2013 (Case R 436/2012‑2), relating to invalidity proceedings between Motokit Veículos e Acessórios, SA and FSA Srl.

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 August 2013 (Case R 436/2012‑2);

2. Orders OHIM to pay the costs.