Judgment of the General Court (First Chamber) of 18 November 2014 —
Conrad Electronic v OHIM — British Sky Broadcasting Group and Sky IP International (EuroSky)
(Case T‑510/12)
Community trade mark — Opposition proceedings — Application for Community word mark EuroSky — Earlier Community word mark SKY — Article 8(1)(b) of Regulation (EC) No 207/2009
1. Procedure — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 15)
2. Procedure — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to documents — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 17)
3. 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 (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 26)
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 para. 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 — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 36)
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 — 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 53, 54, 63)
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 marks EuroSky and SKY (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 71-74)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 September 2012 (Case R 1138/2011‑4), concerning opposition proceedings between British Sky Broadcasting Group plc and Sky IP International Ltd, on the one hand, and Conrad Electronic SE, on the other. |
Operative part
The Court:
2. | | Orders Conrad Electronic SE to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), by British Sky Broadcasting Group plc and by Sky IP International Ltd. |