Judgment of the General Court (Third Chamber) of 18 November 2014 —
Repsol v OHIM — Adell Argiles (ELECTROLINERA)
(Case T‑308/13)
Community trade mark — Opposition proceedings — Application for Community word mark ELECTROLINERA — Earlier national word mark ELECTROLINERA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Exclusion (Council Regulation No 207/2009, Art. 65) (see para. 20)
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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 26, 75)
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 — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 29)
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 between the goods or services in question — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 30)
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 registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Word marks ELECTROLINERA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 80, 83-86)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2013 (Case R 1565/2012‑1), relating to opposition proceedings between Mr Josep María Adell Argiles and Repsol, SA. |
Operative part
The Court:
1. | | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 March 2013 (Case R 1565/2012‑1), relating to opposition proceedings between Mr Josep María Adell Argiles and Repsol, SA in so far as concerns the ‘industrial oils and greases; lubricants; fuels (including motor spirit)’ in Class 4 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended; |
2. | | Dismisses the action as to the remainder; |
3. | | Orders each party to bear its own costs. |