Judgment of the General Court (Third Chamber) of 16 October 2013 —
Singer v OHIM — Cordia Magyarország Ingatlanforgalmazó Zártkörüen Müködö (CORDIO)
(Case T‑388/12)
Community trade mark — Opposition proceedings — Application for the Community word mark CORDIO — Earlier Community word mark CORDIA — Relative ground for refusal — 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 24, 25, 46)
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 — Assessment of the likelihood of confusion — Attention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 26)
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 — Word marks CORDIO and CORDIA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 30, 37, 45, 48)
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 between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 31)
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, Art. 8(1)(b)) (see para. 38)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 July 2012 (Case R 1842/2011‑2), relating to opposition proceedings between Cordia Magyarország Ingatlanforgalmazó Zártkörüen Müködö rt and Ms Daniela Singer. |
Operative part
The Court:
2. | | Orders Daniela Singer to bear her own costs and to pay the costs incurred by OHIM; |
3. | | Orders Cordia Magyarország Ingatlanforgalmazó Zártkörüen Müködö rt to bear its own costs. |