Judgment of the General Court (Sixth Chamber) of 25 November 2015 —
Masafi v OHIM — Hd1 (JUICE masafi)
(Case T‑248/14)
Community trade mark — Opposition proceedings — Application for Community figurative mark JUICE masafi — Earlier national word mark masafi — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
1. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to other documents — Inadmissibility (Rules of Procedure of the General Court, Art. 76) (see para. 14)
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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 15-18, 39)
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 para. 20)
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 26, 27)
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 — figurative mark JUICE masafi and word mark masafi (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 34-38, 40)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 10 February 2014 (Case R 119/2013-4), concerning opposition proceedings between Hd1 Ltd and Masafi Co. LLC. |
Operative part
The Court:
2. | | Orders Masafi Co. LLC to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |