Judgment of the General Court (Fourth Chamber) of 18 November 2015 —
Mustang v OHIM — Dubek (Mustang)
(Case T‑606/13)
Community trade mark — Opposition proceedings — Application for Community figurative mark Mustang — Earlier national word and figurative marks MUSTANG — No risk of detriment to the reputation of the earlier marks — Article 8(5) of Regulation (EC) No 207/2009
1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Re-examination of the facts in the light of evidence not previously submitted before OHIM bodies — Not included (Council Regulation No 207/2009, Art. 65(2)) (see para. 17)
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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Aim — Proof to be adduced by proprietor — Future, non-hypothetical risk of unfair advantage or damage (Council Regulation No 207/2009, Art. 8(5)) (see paras 21, 22, 28)
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 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 paras 23, 24)
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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Link between the marks — Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paras 50-52)
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 — Detriment to the repute of the earlier trade mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see para. 60)
6. 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 — Figurative mark Mustang — Word and figurative marks MUSTANG (Council Regulation No 207/2009, Art. 8(5)) (see paras 62-66)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 September 2013 (Case R 416/2012-4) relating to opposition proceedings between Mustang — Bekleidungswerke GmbH & Co. KG and Dubek Ltd. |
Operative part
The Court:
2. | | Orders Mustang — Bekleidungswerke GmbH & Co. KG to pay the costs. |