Judgment of the General Court (Third Chamber) of 9 December 2014 —
DTL Corporación v OHIM — Vallejo Rosell (Generia)
(Case T‑176/13)
Community trade mark — Opposition proceedings — Application for Community word mark Generia — Earlier Community figurative mark Generalia generación renovable — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 63(2) and Article 75 of Regulation No 207/2009
1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Exclusion (Council Regulation No 207/2009, Art. 65) (see para. 17)
2. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 22, 23)
3. Community trade mark — Appeals procedure — Decision on the appeal — Observance of the rights of the defence — Scope of the principle (Council Regulation No 207/2009, Arts 63(2), and 75) (see paras 28, 29)
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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 38, 91)
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 or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 51, 56)
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 74, 75)
7. 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 Generia and figurative mark Generalia generación renovable (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 90, 102, 103)
8. Community trade mark — Definition and acquisition of the Community trade mark — Assessment of the registrability of a sign — Account to be taken only of Community legislation — Earlier registration of the mark in certain Member States or third countries — Decisions not binding Community bodies (Council Regulation No 207/2009) (see para. 95)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 24 January 2013 (Case R 661/2012‑4), relating to opposition proceedings between Ms Mar Vallejo Rosell and DTL Corporación, SL. |
Operative part
The Court:
2. | | Orders DTL Corporación, SL to pay the costs. |