Judgment of the General Court (Sixth Chamber) of 6 October 2011 – Seven v OHIM – Seven for all mankind (SEVEN FOR ALL MANKIND)

(Case T-176/10)

Community trade mark – Opposition proceedings – Application for Community word mark SEVEN FOR ALL MANKIND – Earlier Community and international figurative marks containing the word element ‘seven’ – Relative ground for refusal – Similarity of the signs – Article 8(1)(b) and (5) of Regulation (EC) No 207/2009

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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 50, 55)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 January 2010 (Case R 1514/2008 2) relating to opposition proceedings between Seven SpA and Seven for all Mankind LLC.

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 January 2010 (Case R 1514/2008 2);

2. Dismisses the action as to the remainder;

3. Orders OHIM to pay the costs incurred by Seven SpA in the proceedings before the General Court and those incurred by Seven SpA for the purposes of the proceedings before the Board of Appeal;

4. Orders Seven for all Mankind LLC to bear its own costs.