Judgment of the General Court (Fourth Chamber) of 4 July 2014 —
Advance Magazine Publishers v OHIM — Montres Tudor (GLAMOUR)
(Case T‑1/13)
Community trade mark — Opposition proceedings — Application for the Community word mark GLAMOUR — Earlier international mark TUDOR GLAMOUR — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
1. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Scope — Relative grounds for refusal, excluding absolute grounds raised in observations of third parties (Council Regulation No 207/2009, Arts 7, 8, 41 and 42) (see para. 16)
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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 21, 22, 39)
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 of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 27)
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 — Word marks GLAMOUR and TUDOR GLAMOUR (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 37, 38, 42)
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 — Refusal to register on a ground relating to refusal even limited to part of the Union (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 39)
6. Community trade mark — Definition and acquisition of the Community trade mark — Prior registration of the trade mark in certain Member States — Effect (see para. 45)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 October 2012 (Case R 213/2012-2), relating to opposition proceedings between Montres Tudor SA and Advance Magazine Publishers, Inc. |
Operative part
The Court:
2. | | Orders Advance Magazine Publishers, Inc. to pay the costs. |