Judgment of the General Court (Eighth Chamber) of 7 February 2013 — AMC-Representações Têxteis v OHIM — MIP Metro (METRO KIDS COMPANY)
(Case T‑50/12)
Community trade mark — Opposition proceedings — Application for Community figurative mark METRO KIDS COMPANY — Earlier international figurative mark METRO — 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 18-22, 49, 58, 59)
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 marks METRO KIDS COMPANY and METRO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24-26, 33-63)
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 — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27-29)
4. Community trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria (Council Regulation No 207/2009) (see para. 45)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 24 November 2011 (Case R 2314/2010-1), concerning opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and AMC-Representações Têxteis L | da | . |
Operative part
The Court:
2. | | Orders AMC-Representações Têxteis Lda to pay the costs. |