Judgment of the General Court (Sixth Chamber) of 16 June 2015 —
Norma Lebensmittelfilialbetrieb v OHIM — Yorma’s (Yorma Eberl)
(Case T‑229/14)
Community trade mark — Opposition proceedings — Application for Community word mark Yorma Eberl — Earlier Community and national word marks NORMA — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) and Article 8(4) 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 15-17, 38, 39)
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 — Word marks Yorma Eberl and NORMA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18, 19, 22, 37, 54, 55, 65)
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 — Similarity of the marks concerned — Criteria for assessment — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 32)
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 — High distinctiveness of the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 40, 44, 47, 49, 51)
Re:
| ACTION brought against the decision of the fourth Board of Appeal of OHIM of 11 February 2014 (Case R 532/2013-4), relating to opposition proceedings between Norma Lebensmittelfilialbetrieb Stiftung & Co. KG and Yorma’s AG. |
Operative part
The Court:
2. | | Orders Norma Lebensmittelfilialbetrieb Stiftung & Co. KG to pay the costs. |