Judgment of the General Court (Seventh Chamber) of 23 October 2013 — SFC Jardibric v OHIM — Aqua Center Europa (AQUA FLOW)
(Case T‑417/12)
Community trade mark — Invalidity proceedings — Community figurative mark AQUA FLOW — Earlier national figurative mark VAQUA FLOW — Relative ground for refusal — Likelihood of confusion — Declaration of invalidity — Article 8(1)(b) of Regulation (EC) No 207/2009 — No limitation in consequence of acquiescence — Article 54(2) of Regulation No 207/2009
1. Community trade mark — Surrender, revocation and invalidity — Limitation through acquiescence — Limitation period — Point from which time starts to run (Council Regulation No 207/2009, Art. 54(2)) (see paras 19-21, 40)
2. Community trade mark — Procedural provisions — Invalidity proceedings — Facts and evidence not submitted in support of the claim for invalidity within the time-limit — Account to be taken — Discretion of the Board of Appeal (Council Regulation No 207/2009, Art. 76(2)) (see para. 22)
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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 48, 74)
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 — Figurative marks AQUA FLOW and VAQUA FLOW (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 51, 59, 63, 64, 69, 73, 75)
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 — Similarity between the goods or services in question — Complementary nature of the goods (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 52, 57)
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 registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 60, 70)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 July 2012 (Case R 2230/2010‑4), relating to invalidity proceedings between Aqua Center Europa, SA and SFC Jardibric. |
Operative part
The Court:
2. | | Orders SFC Jardibric to pay the costs. |