Judgment of the General Court (Fifth Chamber) of 12 February 2015 —
Compagnie des montres Longines, Francillon v OHIM — Staccata
(QUARTODIMIGLIO QM)
(Case T‑76/13)
Community trade mark — Opposition proceedings — Application for the Community figurative mark QUARTODIMIGLIO QM — Earlier Community and international figurative marks representing two extended wings and earlier international figurative marks LONGINES — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No damage to reputation — 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 17-21, 37)
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 — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 23)
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 QUARTODIMIGLIO QM — Figurative marks representing two extended wings and figurative marks LONGINES (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 32-35, 55, 71-76)
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 — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 36, 38)
5. Community trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria (Council Regulation No 207/2009) (see para. 56)
6. 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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Reputation of the mark in the Member State or in the Community — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paras 85, 87)
7. 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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Figurative mark QUARTODIMIGLIO QM — Figurative marks representing two extended wings and figurative mark LONGINES (Council Regulation No 207/2009, Art. 8(5)) (see paras 88, 108, 115, 126, 127)
8. 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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Link between the marks — Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paras 123-125)
Re:
| ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 26 November 2012 (Case R 62/2012-5), relating to opposition proceedings between Compagnie des montres Longines, Francillon SA and Staccata Srl. |
Operative part
The Court:
2. | | Orders Compagnie des montres Longines, Francillon SA, to pay the costs. |