Judgment of the General Court (Second Chamber) of 23 October 2015 —
Calida v OHIM — Quanzhou Green Garments (dadida)
(Case T‑597/13)
Community trade mark — International registration designating the European Community — Figurative mark dadida — Earlier Community word mark CALIDA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
1. Community trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Existence of an identical or similar earlier mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see paras 13-17)
2. Community trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Existence of an identical or similar earlier mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Figurative mark dadida and word mark CALIDA (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see paras 25-29, 31, 72-76)
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 (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see para. 30)
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 — High distinctiveness of the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see paras 40, 41)
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 — Weighing elements of similarity or difference between the signs — Taking into account of the intrinsic characteristics of the signs or the conditions in which the goods or services are marketed — Clothing sector (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see paras 70, 71)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 16 September 2013 (Case R 1190/2012-4), relating to cancellation proceedings between Calida Holding AG and Quanzhou Green Garments Co. Ltd. |
Operative part
The Court:
2. | | Orders Calida Holding AG to pay the costs. |