Judgment of the General Court (Fourth Chamber) of 29 April 2015 —
Hostel Tourist World v OHIM — WRI Nominees (HostelTouristWorld.com)
(Case T‑566/13)
Community trade mark — Cancellation proceedings — Community figurative mark HostelTouristWorld.com — Earlier international word mark HOSTELWORLD.COM — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Minimal inherent distinctiveness of the earlier mark — Likelihood of confusion
1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Declaratory judgments — Not included (Council Regulation No 207/2009, Art. 65(2) and (3)) (see para. 15)
2. Community trade mark — Appeals procedure — Appeal to a Board of Appeal — Competence of the Boards of Appeal — New full examination of the merits (Council Regulation No 207/2009, Art. 64(1)) (see paras 30-32)
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 — Coexistence of earlier marks — Recognition of a certain degree of distinctiveness of an international trade mark designating the Community (Council Regulation No 207/2009, Arts 7(1)(b) and (c), 52, 53, 57, 63, 64, 154 and 158(1) and (2)) (see paras 34-39)
4. Community trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Existence of an identical or similar earlier mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Arts 8(1)(b), and (2)(a)(iv), and 53(1)(a)) (see paras 43, 66, 67)
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, Arts 8(1)(b), and 53(1)(a)) (see paras 48-50)
6. Community trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Existence of an identical or similar earlier mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Figurative Community trade mark HostelTouristWorld.com and international work mark HOSTELWORLD.COM (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see paras 51, 52, 68, 70-72)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 26 August 2013 (Case R 966/2012-4) concerning cancellation proceedings between the company WRI Nominees Ltd and Hostel Tourist World, SL. |
Operative part
The Court:
2. | | Orders Hostel Tourist World, SL to pay the costs. |