Judgment of the General Court (Second Chamber) of 18 October 2011 – dm‑drogerie markt v OHIM – Semtee (caldea)

(Case T-304/10)

Community trade mark – Opposition proceedings – Application for registration of the Community figurative mark caldea – Earlier international word mark BALEA – Relative ground for refusal – No likelihood of confusion – No similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009

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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 28, 59, 65-66)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 899/2009-1), relating to opposition proceedings between dm‑drogerie markt GmbH & Co. KG and Semtee.

Operative part

The Court:

1. Dismisses the action;

2. Orders dm-drogerie markt GmbH & Co. KG to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), in addition to bearing its own costs;

3. Orders each party to bear its own costs relating to the intervention of Semtee.