Judgment of the General Court (Second Chamber) of 3 July 2013 —
Warsteiner Brauerei Haus Cramer v OHIM — Stuffer (ALOHA 100% NATURAL)
(Case T‑243/12)
Community trade mark — Opposition proceedings — Application for the Community figurative mark ALOHA 100% NATURAL — Earlier national word mark ALOA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Account taken by the General Court of matters of law and fact which have not been raised previously before the departments of OHIM — Exclusion (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (see paras 13, 14)
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 — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20-22, 37)
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 — Figurative mark ALOHA 100% NATURAL and word mark ALOA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 26, 32-36, 38, 39)
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 of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 27)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 14 March 2012 (Case R 1058/2011‑1), relating to opposition proceedings between Stuffer SpA and Warsteiner Brauerei Haus Cramer KG, formerly International Brands Germany GmbH & Co. KG. |
Operative part
The Court:
2. | | Orders Warsteiner Brauerei Haus Cramer KG to pay the costs. |