Judgment of the General Court (Third Chamber) of 9 September 2015 —
Dairek Attoumi v OHIM — Diesel (DIESEL)
(Case T‑278/14)
Community design — Invalidity proceedings — Registered Community design DIESEL — Earlier international word mark DIESEL — Ground for invalidity — Use of a distinctive sign — Likelihood of confusion — Article 25(1)(e) of Regulation (EC) No 6/2002 — Proof of genuine use — Stay of the administrative proceedings
1. Community designs — Appeals procedure — Appeal to a Board of Appeal — Stay of proceedings — Conditions (Council Regulation No 6/2002, Art. 68; Commission Regulation No 2245/2002, Art. 32(2); Commission Regulation No 216/96, Art. 8) (see paras 23-27)
2. Community designs — Ground for invalidity — Use of a distinctive sign in a subsequent design — Use of a sign showing similarity with the distinctive sign — Inclusion (Council Regulation No 6/2002, Art. 25(1)(e)) (see paras 44, 47, 83-85, 97)
3. Community designs — Procedural provisions — Statement of reasons for decisions (Council Regulation No 6/2002, Art. 62) (see paras 68, 69, 71)
4. Community designs — Ground for invalidity — Use of a distinctive sign in a subsequent design — Perception by the public of the design as a distinctive sign (Council Regulation No 6/2002, Art. 25(1)(e)) (see para. 87)
5. Community designs — Ground for invalidity — Use of a distinctive sign in a subsequent design — Comparison between the design at issue and the distinctive sign — Design DIESEL and word mark DIESEL (Council Regulation No 6/2002, Art. 25(1)(e)) (see paras 100-103)
Re:
| ACTION brought against the decision of the Third Board of Appeal of OHIM of 18 February 2014 (Case R 855/2012-3), relating to invalidity proceedings between Diesel SpA and Mansour Dairek Attoumi. |
Operative part
The Court:
2. | | Orders Mansour Dairek Attoumi to pay the costs. |