Judgment of the General Court (Sixth Chamber) of 14 November 2012 — Evonik Industries v OHIM — Impulso Industrial Alternativo (Impulso creador)
(Case T‑529/11)
Community trade mark — Opposition proceedings — Application for Community word mark Impulso creador — Earlier figurative Community mark IMPULSO — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) 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 — Word mark Impulso creador — Figurative mark IMPULSO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 21, 22, 36-38)
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 18, 19)
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 23-25)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 June 2011 (Case R 1101/2010-2), concerning opposition proceedings between Impulso Industrial Alternativo, SA and Evonik Industries AG. |
Operative part
The Court:
2. | | Orders Evonik Industries AG to pay the costs. |