Judgment of the General Court (Eighth Chamber) of 11 January 2013 — Kokomarina v OHIM — Euro Shoe Group (interdit de me gronder IDMG)
(Case T‑568/11)
Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark interdit de me gronder IDMG — Earlier Benelux word mark DMG — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark disputed for the first time before the General Court)
1. Community trade mark — Appeals procedure — Action before the EU judicature — Claim appearing in the application and seeking to demonstrate genuine use of the earlier mark — Inadmissibility (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Arts 65(2) and 76) (see paras 15-20)
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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23-27, 48)
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 — Figurative mark interdit de me gronder IDMG and word mark DMG (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 29, 30, 36, 47, 50)
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 — Likelihood of confusion with the earlier mark — Weak distinctive character of the earlier mark — Relevance (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 53)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 21 July 2011 (Case R 1814/2010‑1), relating to opposition proceedings between Euro Shoe Unie and Kokomarina. |
Operative part
The Court:
2. | | Orders Kokomarina to pay the costs. |