Judgment of the General Court (First Chamber) of 25 November 2014 —
Brouwerij Van Honsebrouck v OHIM — Beverage Trademark (KASTEEL)
(Case T‑374/12)
Community trade mark — Opposition procedure — International registration covering the European Community –– Figurative mark KASTEEL — Earlier national word mark CASTEL BEER — Relative grounds for refusal — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 76(1) 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 — Not included (Council Regulation No 207/2009, Art. 65) (see para. 17)
2. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 40-43)
3. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Probative value of the evidence — Criteria for assessment (Council Regulation No 207/2009, Arts 42(2) and (3), and 78(1)(f); Commission Regulation No 2868/95, Art. 1, Rule 22(3)) (see para. 61)
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 67, 68, 113)
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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 74)
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 — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 81-83, 90, 91)
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 — Weak distinctive character of the earlier mark — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 84)
8. 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 — Figurative mark KASTEEL and word mark CASTEL BEER (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 114-117)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 June 2012 (Case R 2551/2010‑2), in opposition proceedings between Beverage Trademark Co. Ltd BTM and Brouwerij Van Honsebrouck. |
Operative part
The Court:
2. | | Orders Brouwerij Van Honsebrouck to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Beverage Trademark Co. Ltd BTM. |