Judgment of the General Court (Sixth Chamber) of 25 June 2015 — dm-drogerie markt v OHIM — Diseños Mireia (M)
(Case T‑662/13)
Community trade mark — Opposition proceedings — Application for the Community figurative mark M — Earlier Community word mark dm — Relative ground for refusal — No similarity between the signs — No likelihood of confusion — Article 8(1)(b) 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 14, 15, 58)
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 — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 27)
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 — Likelihood of confusion with the earlier mark — Comparison between the signs concerned (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 40, 46-49)
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 — Similarity between a figurative mark and a word mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 45)
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 — Figurative mark M and word mark dm (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 50, 54, 61)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 11 September 2013 (Case R 911/2012-1), relating to opposition proceedings between dm-drogerie markt GmbH & Co. KG and Diseños Mireia, SL. |
Operative part
The Court:
2. | | Orders dm-drogerie markt GmbH & Co. KG to pay the costs. |