Judgment of the General Court (Seventh Chamber) of 27 November 2014 —
Cantina Broglie 1 v OHIM — Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (ZENATO RIPASSA)
(Case T‑153/11)
Community trade mark — Opposition proceedings — Application for Community word mark ZENATO RIPASSA — Earlier national word mark RIPASSO — 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 15, 16, 21, 62)
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 — Coexistence of earlier marks — Recognition of a certain degree of distinctiveness of a national mark (Council Regulation No 207/2009, Arts 7(1)(b), and 8(1)(b), and (2)(a)(ii); European Parliament and Council Directive 2008/95, Art. 3(1)(b)) (see paras 32-35)
3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 40)
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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 46, 47)
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 — Likelihood of confusion with the earlier mark — Word marks ZENATO RIPASSA and RIPASSO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 61, 64, 66)
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 registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Weak distinctive character of the earlier mark — Relevance (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 65, 67)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 December 2010 (Case R 183/2010‑2) concerning opposition proceedings between the Camera di Commercio, Industria, Artigianato e Agricoltura di Verona and Zenato Azienda Vitivinicola Srl. |
Operative part
The Court:
2. | | Orders Cantina Broglie 1 Srl to pay the costs. |