Judgment of the General Court (Sixth Chamber) of 11 June 2014 —
Klingel v OHIM — Develey (JUNGBORN)
(Case T‑401/12)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark JUNGBORN — Earlier national word mark BORN — 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 19, 20)
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 marks JUNGBORN and BORN (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22-24, 30, 35, 36)
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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25-27)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 July 2012 (Case R 936/2011-4) relating to opposition proceedings between Develey Holding GmbH & Co. Beteiligungs KG and Robert Klingel OHG. |
Operative part
The Court:
2. | | Orders Robert Klingel OHG to pay the costs. |