Judgment of the General Court (Third Chamber) of 3 July 2013 —
GRE v OHIM — Villiger Söhne (LIBERTE brunes)
(Case T‑78/12)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LIBERTE brunes — Earlier Community word and figurative marks La LIBERTAD — 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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-21, 46)
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 — Figurative mark LIBERTE brunes and word and figurative marks La LIBERTAD (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 25, 34, 39, 45, 48)
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 — Complementary character of the products (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 24)
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 — Complex 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 — Weak distinctive character of the earlier mark — Relevance (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 52)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 1 December 2011 (Case R 2109/2010-1), relating to opposition proceedings between Villiger Söhne GmbH and GRE Grand River Enterprises Deutschland GmbH. |
Operative part
The Court:
2. | | Orders GRE Grand River Enterprises Deutschland GmbH to pay the costs. |