Judgment of the General Court (First Chamber) of 4 February 2013 — Marszałkowski v OHIM — Mar-Ko Fleischwaren (WALICHNOWY MARKO)
(Case T‑159/11)
Community trade mark — Opposition proceedings — Application for Community figurative mark WALICHNOWY MARKO — Earlier Community word mark MAR-KO — 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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31-33)
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 — Refusal to register on a ground relating to refusal even limited to part of the Union (Council Regulation No 207/2009, Arts 7(2), and 8(1)(b)) (see para. 35)
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 WALICHNOWY MARKO and verbal mark MAR-KO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 35-38, 47)
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. 40)
5. 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 — Composite mark — Determination of dominant component(s) (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 46)
6. 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 (Council Regulation No 207/2009, Art. 65) (see para. 48)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 11 January 2011 (Case R 760/2010-4) relating to opposition proceedings between Mar-Ko Fleischwaren GmbH & Co. KG and Mr Marek Marszałkowski. |
Operative part
The Court:
2. | | Orders Mr Marek Marszałkowski to pay the costs. |