Judgment of the General Court (Seventh Chamber) of 5 July 2012 —
Comercial Losan v OHIM —
McDonalds International Property (Mc. Baby)
(Case T-466/09)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Mc. Baby — Earlier Community figurative mark Mc Kids. always quality. always fun! — 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 — No power to issue directions (Council Regulation No 207/2009, Art. 65(6)) (see para. 15)
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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18, 19, 27)
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. 20)
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 Mc. Baby and Mc Kids. always quality. always fun! (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 21, 23, 24, 43, 45)
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 — Weighing the elements of similarity and difference of the signs — Objective marketing considerations to be taken into account (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 25)
6. Community trade mark — Definition and acquisition of the Community trade mark — Prior registration of the trade mark in certain Member States — Relevance (see para. 47)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 1 September 2009 (Case R 1706/2008‑1) concerning opposition proceedings between McDonald’s International Property Co. Ltd and Comercial Losan, SLU. |
Operative part
The Court:
2. | | Orders Comercial Losan, SLU to pay the costs. |