Judgment of the General Court (Eighth Chamber) of 26 February 2015 —
Costa Crociere v OHIM — Guerlain (SAMSARA)
(Case T‑388/13)
Community trade mark — Opposition proceedings — Application for the Community word mark SAMSARA — Earlier Community word mark SAMSARA — 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 15, 16)
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 SAMSARA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18, 19, 34, 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 between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 21, 24)
4. Community trade mark — Definition and acquisition of the Community trade mark — Assessment of the registrability of a sign — EU rules only taken into account (Council Regulation No 207/2009) (see para. 35)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 May 2013 (Case R 2049/2011-4), relating to opposition proceedings between Guerlain SA and Costa Crociere SpA. |
Operative part
The Court:
2. | | Orders Costa Crociere SpA to pay the costs. |