Judgment of the General Court (Seventh Chamber) of 25 April 2013 — Chen v OHIM — AM Denmark (Cleaning device)
(Case T‑55/12)
Community design — Invalidity proceedings — Registered Community design representing a cleaning device — Community three-dimensional mark representing a cleaning device fitted with a spraying device and a sponge — Declaration of invalidity
1. Community designs — Ground for invalidity — Use of a distinctive sign in a subsequent design — Use of a sign representing a similarity with the distinctive sign — Inclusion (Council Regulation No 6/2002, Art. 25(1)(e)) (see paras 23, 24)
2. Community designs — Ground for invalidity — Use of a distinctive sign in a subsequent design — Representation of a cleaning device (Council Regulations No 6/2002, Art. 25(1)(e), and No 207/2009, Arts 8(1)(b), and 9(1)(b)) (see paras 25-29, 42, 47-49, 53, 64)
3. Community trade mark — Effects of the Community trade mark — Rights conferred by a trade mark — Right to prohibit the use of the mark — Use of an identical or similar sign covering identical or similar products or services — Concept of use (Council Regulation No 207/2009, Art. 9(1)(b)) (see para. 39)
4. Community trade mark — Effects of the Community trade mark — Rights conferred by a trade mark — Right to prohibit the use of the mark — Use of an identical or similar sign covering identical or similar products or services — Likelihood of confusion with the mark — Assessment (Council Regulation No 207/2009, Arts 8(1)(b),and 9(1)(b)) (see paras 44, 45, 61, 63)
Re:
| ACTION brought against the decision of the Third Board of Appeal of OHIM of 26 October 2011 (Case R 2179/2010-3), relating to invalidity proceedings between AM Denmark A/S and Su-Shan Chen. |
Operative part
The Court:
2. | | Orders Su-Shan Chen to pay the costs. |