Judgment of the General Court (Second Chamber) of 26 February 2016

Data

Court: General Court

Case date: 26 februari 2016

Verdict

Judgment of the General Court (Second Chamber) of 26 February 2016 —

Mederer v OHIM — Cadbury Netherlands International Holdings (Gummi Bear-Rings)

(Case T‑210/14)

"Community trade mark - Opposition proceedings - International registration designating the European Community - Figurative mark Gummi Bear-Rings - Earlier national figurative mark GUMMY - 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 21-25, 69, 84)

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 marks Gummi Bear-Rings and GUMMY (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27-29, 70, 71)

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 30, 31, 44, 51)

Community trade markProcedural provisionsStatement of reasons for decisions (Council Regulation No 207/2009, Art. 75, first sentence) (see para. 65)

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 markWeak distinctive character of the earlier markEffect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 78)

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 markCoexistence of earlier marksRecognition of a certain degree of distinctiveness of a national mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 79)

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 markWeighing elements of similarity or difference between the signsTaking into account of the intrinsic characteristics of the signs or the conditions in which the goods or services are marketed (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 87)

Community trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtDirection issued to the OfficeNot included (Council Regulation No 207/2009, Art. 65(6)) (see para. 93)

Re:

ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 16 December (Case R 225/2013-5), concerning opposition proceedings between Cadbury Netherlands International Holdings BV and Mederer GmbH.

Operative part

The Court:

Dismisses the action;

Orders Mederer GmbH to pay the costs.