Judgment of the General Court (Eighth Chamber) of 21 May 2014 —
Eni v OHIM — Emi (IP) (ENI)
(Case T‑599/11)
Community trade mark — Opposition proceedings — Application for the Community word mark ENI — Earlier Community figurative mark EMI — Likelihood of confusion — Similarity of the goods and services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration
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 23, 24, 61, 76)
2. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/09, Art. 75, first sentence) (see paras 29, 30)
3. Community trade mark — Procedure before OHIM bodies — Directives of the Office — Scope — Limits (see para. 43)
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 — Likelihood of confusion with the earlier mark — Word mark ENI and figurative mark EMI (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 56, 70, 77)
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 — Similarity of the marks concerned — Whether conceptual differences may neutralise visual or aural similarities — Conditions (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 67)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 8 September 2011 (Case R 2439/2010-1), relating to opposition proceedings between Emi (IP) Ltd and Eni SpA. |
Operative part
The Court:
2. | | Orders Eni SpA to pay the costs. |