Judgment of the General Court (Fifth Chamber) of 27 March 2014 — Oracle America v OHIM — Aava Mobile (AAVA MOBILE)
(Case T‑554/12)
Community trade mark — Opposition proceedings — Application for the Community word mark AAVA MOBILE — Earlier Community word mark JAVA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No likelihood of association — Link between the signs — Reputation — No similarity of the signs — Article 8(5) of Regulation No 207/2009
1. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 21)
2. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Assessment of the likelihood of confusion — Attention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 26, 27)
3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Word marks AAVA MOBILE and JAVA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 28, 64, 70)
4. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31, 34)
5. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions (Council Regulation No 207/2009, Art. 8(5)) (see para. 76)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM (Case R 1205/2011‑2) of 9 October 2012, concerning opposition proceedings between Oracle America, Inc. and Aava Mobile Oy. |
Operative part
The Court:
2. | | Orders Oracle America, Inc. to pay the costs. |