Judgment of the General Court (Fifth Chamber) of 19 November 2014 —
Out of the blue v OHIM — Dubois and Another (FUNNY BANDS)
(Case T‑344/13)
Community trade mark — Opposition proceedings — Application for the Community word mark FUNNY BANDS — Earlier national trade name FUNNY BANDS — Earlier national Internet domain name ‘www.funny-bands.com’ — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 — Use of a sign in the course of trade of more than mere local significance — Article 76(2) of Regulation No 207/2009 — Rejection of the opposition
1. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the holder of an unregistered mark or other sign used in trade — Conditions — Local scope of sign (Council Regulation No 207/2009, Art. 8(4)) (see paras 22-25)
2. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the holder of an unregistered mark or other sign used in trade — Conditions — Assessment by reference to the criteria determined by the national law governing the sign relied on (Council Regulation No 207/2009, Art. 8(4)) (see para. 36)
3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the holder of an unregistered mark or other sign used in trade — Word mark FUNNY BANDS — Trade name FUNNY BANDS and Internet domain name www.funny-bands.com (Council Regulation No 207/2009, Art. 8(4)) (see para. 37)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 4 April 2013 (Case R 542/2012‑2), relating to opposition proceedings between Out of the blue KG and Mr Frédéric Dubois and Another. |
Operative part
The Court:
2. | | Orders Out of the blue KG to pay the costs. |