Judgment of the General Court (Third Chamber) of 17 April 2018

EU trade markDefinition and acquisition of the EU 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 25, 26, 93)

EU trade markDefinition and acquisition of the EU 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 markDetermination of the dominant elements(s)

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 28, 29, 34, 35)

EU trade markDefinition and acquisition of the EU 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 BOBO cornet and OZMO cornet

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 57-63, 77-84, 94-98)

EU trade markProcedural provisionsStatement of reasons for decisionsArticle 75, first sentence, of Regulation No 207/2009Scope identical to that of Article 296 TFEU

(Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence)

(see para. 101)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 July 2016 (Case R 906/2015-4) concerning opposition proceedings between Şölen Çikolata Gıda Sanayi ve Ticaret and Ms Zaharieva.

Operative part

The Court:

Dismisses the action;

Orders Şölen Çikolata Gıda Sanayi ve Ticaret AŞ to pay the costs.