Judgment of the General Court (Sixth Chamber) of 20 September 2012 — HerkuPlast Kubern v OHIM — How (eco-pack)

(Case T‑445/10)

Community trade mark — Opposition proceedings — Application for Community trade mark eco-pack — Earlier national and international word marks ECOPAK — Likelihood of confusion — Similarity of the goods — 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 16, 39)

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 — Figurative mark eco-pack and verbal marks ECOPAK (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 28, 40)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 27 July 2010 (Case R 2014/2009-4) concerning opposition proceedings between HerkuPlast Kubern GmbH and Heidi A.T. How.

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of Office for Harmonisation in the Internal Market of 27 July 2010 (Case R 2014/2009-4);

2. Orders OHIM to pay the costs incurred by HerkuPlast Kubern GmbH and to bear its own costs.