General Court 24-09-2015 ECLI:EU:T:2015:683

Data

Court: General Court

Case date: 24 september 2015

Verdict

Judgment of the General Court (Third Chamber) of 24 September 2015 —

Dellmeier v OHIM — Dell (LEXDELL)

(Case T‑641/14)

"Community trade mark - Opposition proceedings - Application for the Community word mark LEXDELL - Earlier Community figurative mark DELL - Relative grounds for refusal - Detriment to the distinctive character or the repute of the earlier mark - Article 8(5) of Regulation (EC) No 207/2009 - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation 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 enjoying a reputationProtection of well-known earlier mark extended to dissimilar goods or servicesConditionsTaking unfair advantage of the distinctive character or repute of the earlier markWord mark LEXDELL and figurative mark DELL (Council Regulation No 207/2009, Art. 8(5)) (see paras 16-27)

Judicial proceedingsApplication initiating proceedingsFormal requirementsBrief summary of the pleas in law on which the application is basedGeneral reference in support of a second plea to matters set out in the context of the firstInadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 30)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 4 June 2014 (Case R 966/2013-2) relating to opposition proceedings between Dell, Inc., and Ms Alexandra Dellmeier.

Operative part

The Court:

Dismisses the action;

Orders Ms Alexandra Dellmeier to pay the costs.