Judgment of the General Court (Fifth Chamber) of 13 December 2012 — Hairdreams v OHIM — Bartmann (MAGIC LIGHT)
(Case T‑34/10)
Community trade mark — Opposition proceedings — Application for Community word mark MAGIC LIGHT — Earlier national word mark MAGIC LIFE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) 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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 25, 37, 45)
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 — Word marks MAGIC LIGHT and MAGIC LIFE (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-21, 23, 26)
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 — Weighting of the elements of similarity or difference between the signs — Taking into account of the intrinsic characteristics of the signs or the marketing conditions of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 42)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 November 2009 (Case R 656/2008‑4), relating to opposition proceedings between Rüdiger Bartmann and Hairdreams HaarhandelsgmbH. |
Operative part
The Court:
2. | | Orders Hairdreams HaarhandelsgmbH to pay the costs. |