Judgment of the General Court (Fourth Chamber) of 4 March 2015 —
Three-N-Products v OHIM — Munindra (PRANAYUR)
(Case T‑543/13)
Community trade mark — Opposition proceedings — Application for Community word mark PRANAYUR — Earlier Community word mark AYUR and earlier Community figurative marks Ayur, Ayur Naturals Herbals and Aanb — 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 22-24)
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 — Word mark PRANAYUR — Word mark AYUR and figurative marks Ayur, Ayur Naturals Herbals and Aanb (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 38, 39)
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 — Similarity of the marks concerned — Criteria for assessment — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27, 28, 32, 33)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2013 (Case R 638/2012‑4) relating to opposition proceedings between Three-N-Products Private Ltd and Munindra Holding BV. |
Operative part
The Court:
2. | | Orders Three-N-Products Private Ltd to pay the costs. |