Judgment of the General Court (Sixth Chamber) of 12 July 2012 —
Leifheit v OHIM — Vermop Salmon (Twist System)
(Case T-334/10)
Community trade mark — Invalidity proceedings — Community word mark Twist System — Earlier Community word marks TWIX and TWIXTER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
1. Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Invalidity proceedings concerning relative grounds for refusal — Examination restricted to the submissions of the parties — Account taken of criteria for applying the provisions relied upon (Council Regulation No 207/2009, Arts 63(1), and 76(1)) (see paras 20, 21, 23)
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 30, 33, 44)
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 — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 34, 35)
4. Community trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Existence of an identical or similar earlier mark registered for identical or similar goods or services — Word mark Twist System — Word marks TWIX and TWIXTER (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see paras 37-45)
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 between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 43)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 12 May 2010 (Joined Cases R 924/2009‑1 and R 1013/2009‑1), relating to invalidity proceedings between Vermop Salmon GmbH and Leifheit AG. |
Operative part
The Court:
2. | | Orders Leifheit AG to pay the costs. |