Judgment of the General Court (Sixth Chamber) of 12 July 2012 —
Vermop Salmon v OHIM —
Leifheit (Clean Twist)
(Case T-61/11)
Community trade mark — Invalidity proceedings — Community word mark Clean Twist — Earlier Community word marks TWIX and TWIXSTER — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 25)
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 — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (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 — Similarity of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 27)
4. Community trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Existence of an identical or similar earlier mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Word mark Clean Twist and word marks TWIX and TWIXTER (Council Regulation No 207/2009, Art. 8(1)(b)), and 53(1)(a)) (see paras 34, 35)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 19 November 2010 (Case R 671/2010‑1), relating to invalidity proceedings between Vermop Salmon GmbH and Leifheit AG. |
Operative part
The Court:
2. | | Orders Vermop Salmon GmbH to pay the costs. |