Judgment of the General Court (Seventh Chamber) of 4 December 2014 — BSH v OHIM — LG Electronics (compressor technology)
(Case T‑595/13)
Community trade mark — Opposition proceedings — Application for Community figurative mark compressor technology — Earlier national word marks KOMPRESSOR — Relative ground for refusal — Partial refusal to register — 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 23)
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 — Weak distinctive character of the earlier mark — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 27)
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 marks compressor technology and word marks KOMPRESSOR (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 34)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 5 September 2013 (Case R 1176/2012-1), concerning opposition proceedings between LG Electronics, Inc. and BSH Bosch und Siemens Hausgeräte GmbH. |
Operative part
The Court:
2. | | Orders BSH Bosch und Siemens Hausgeräte GmbH to pay the costs. |