Judgment of the General Court (Seventh Chamber) of 17 May 2013 — Rocket Dog Brands v OHIM — Julius-K9 (JULIUS K9)
(Case T‑231/12)
Community trade mark — Opposition proceedings — Application for Community word mark JULIUS K9 — Earlier Community figurative marks K9 — Relative ground for refusal — 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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 16, 17)
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 — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 21-23, 30)
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 mark JULIUS K9 and figurative marks K9 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 34, 35, 37, 41, 46, 47)
4. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (see para. 44)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 21 March 2012 (Case R 1124/2011-4), relating to opposition proceedings between Rocket Dog Brands LLC and Julius-K9 bt. |
Operative part
The Court:
2. | | Orders Rocket Dog Brands LLC to pay the costs. |