Judgment of the General Court (Eighth Chamber) of 21 May 2015 —
Formula One Licensing v OHIM — Idea Marketing (F1H2O)
(Case T‑55/13)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark F1H2O — Community, international, Benelux and national word and figurative marks with the element ‘F1’ — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or reputation of the earlier trade marks — Article 8(5) of Regulation 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 28, 29, 34, 48)
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 F1H20 — Word and figurative marks F1 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 32, 33, 49-51, 55-57)
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 — Similarity of the marks concerned — Whether conceptual differences may neutralise visual or aural similarities — Conditions (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 44)
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 — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions (Council Regulation No 207/2009, Art. 8(5)) (see para. 63)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 November 2012 (Case R 1247/2011‑4), concerning opposition proceedings between Formula One Licensing BV and Idea Marketing SA. |
Operative part
The Court:
2. | | Orders Formula One Licensing BV to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Idea Marketing SA. |