General Court 25-06-2015 ECLI:EU:T:2015:434

Data

Court: General Court

Case date: 25 juni 2015

Verdict

Judgment of the General Court (Sixth Chamber) of 25 June 2015 — dm-drogerie markt v OHIM — Diseños Mireia (M)

(Case T‑662/13)

"Community trade mark - Opposition proceedings - Application for the Community figurative mark M - Earlier Community word mark dm - Relative ground for refusal - No similarity between the signs - No 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 14, 15, 58)

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 26, 27)

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 markComparison between the signs concerned (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 40, 46-49)

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 concernedSimilarity between a figurative mark and a word mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 45)

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 M and word mark dm (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 50, 54, 61)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 11 September 2013 (Case R 911/2012-1), relating to opposition proceedings between dm-drogerie markt GmbH & Co. KG and Diseños Mireia, SL.

Operative part

The Court:

Dismisses the action;

Orders dm-drogerie markt GmbH & Co. KG to pay the costs.