Judgment of the General Court (Second Chamber) of 24 June 2014 —
Hut.com v OHIM — Intersport France (THE HUT)
(Case T‑330/12)
Community trade mark — Opposition proceedings — Application for the Community word mark THE HUT — Earlier national word mark LA HUTTE — 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 16-18, 54)
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 paras 23, 24)
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 of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 30, 31)
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 — Work marks THE HUT and LA HUTTE (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 36, 41, 47, 48, 55)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 27 April 2012 (Case R 814/2011‑2), relating to opposition proceedings between Intersport France and The Hut.com Ltd. |
Operative part
The Court:
2. | | Orders The Hut.com Ltd to pay the costs. |