Judgment of the General Court (Ninth Chamber) of 9 July 2015 —
CMT v OHIM — Camomilla (Camomilla)
(Joined Cases T‑98/13 and T‑99/13)
Community trade mark — Invalidity proceedings — Community figurative mark Camomilla — Earlier national figurative mark CAMOMILLA — Absolute ground for refusal — Article 52(1)(b) of Regulation (EC) No 207/2009 — No bad faith on the part of the proprietor of the Community trade mark — Relative ground for refusal — No similarity between the goods — No damage to reputation — Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009 — Article 53(1)(a) of Regulation (EC) No 207/2009
1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Direction issued to the Office — Exclusion (Council Regulation No 207/2009, Art. 65) (see para. 29)
2. Community trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Applicant in bad faith at time of lodging trade mark application — Criteria for assessment — Taking account of all the relevant factors existing at the time of filing the application for registration — Applicant’s knowledge that a third party is using an identical or similar sign — Intention of the applicant — Degree of legal protection of the signs at issue — Commercial logic underlying the registration of the sign contested as a Community trade mark — Chronology of events characterising the filing of the trade mark application (Council Regulation No 207/2009, Art. 52(1)(b)) (see paras 37, 40-42)
3. Community trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Applicant in bad faith at the time of lodging the trade mark application — Figurative marks CAMOMILLA (Council Regulation No 207/2009, Art. 52(1)(b)) (see paras 49-52)
4. Community trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Existence of an earlier or similar mark registered for identical or similar goods or services — Figurative marks CAMOMILLA (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see paras 68, 69, 75-77)
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 — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Detriment to the distinctive character or repute of the earlier mark — Taking unfair advantage of the distinctive character or repute of the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see para. 83)
Re:
| ACTION brought against the decisions of the First Board of Appeal of OHIM of 29 November 2012 (Cases R 1615/2011-1 and R 1617/2011-1), concerning invalidity proceedings between CMT — Compagnia manifatture tessili Srl (CMT Srl) and Camomilla SpA. |
Operative part
The Court:
2. | | Orders Compagnia manifatture tessili Srl (CMT Srl) to pay the costs. |