Judgment of the General Court (Fifth Chamber) of 31 January 2013 —
Present-Service Ullrich v OHIM — Punt-Nou (babilu)
(Case T‑66/11)
Community trade mark — Opposition proceedings — Application for Community word mark babilu — Earlier Community word mark BABIDU — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Similarity of the signs — 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 17-20, 22, 53, 74)
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 — Word marks babilu and BABIDU (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23-25, 52, 59, 66, 73, 78)
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 between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 45)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 November 2010 (Case R 773/2010‑2), concerning opposition proceedings between Punt-Nou, SL and Present Service Ullrich GmbH & Co. KG. |
Operative part
The Court:
2. | | Orders Present-Service Ullrich GmbH & Co. KG to pay the costs. |