Judgment of the General Court (Seventh Chamber) of 21 May 2015 —
Nutrexpa v OHIM — Kraft Foods Italia Intellectual Property (Cuétara MARĺA ORO)
(Case T‑271/13)
Community mark — Opposition proceedings — Application for Community figurative mark Cuétara MARÍA ORO — Earlier Community and national figurative marks ORO — Partial refusal of registration — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
1. Community trade mark — Appeals procedure — Action before the EU judicature — Claim appearing in the application and seeking to demonstrate genuine use of the earlier mark — Inadmissibility (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Arts 65(2), and 76) (see paras 22-24)
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 29, 30, 40, 55)
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 — Likelihood of confusion with the earlier mark — Figurative mark Cuétara MARÍA ORO and figurative marks ORO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 54, 57-60)
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 — Weak distinctive character of the earlier mark — Relevance (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 56)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 18 March 2013 (Case R 1285/2012‑1), relating to opposition proceedings between Kraft Foods Italia Intellectual Property Srl and Nutrexpa, SL. |
Operative part
The Court:
2. | | Orders Nutrexpa, SL to pay the costs. |