Judgment of the General Court (First Chamber) of 14 May 2013 — Masottina v OHIM — Bodegas Cooperativas de Alicante (CA’ MARINA)
(Case T‑393/11)
Community trade mark — Opposition proceedings — Application for Community word mark CA’ MARINA — Earlier Community word mark MARINA ALTA — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Account taken by the General Court of matters of law and fact which have not been raised previously before the departments of OHIM — Exclusion (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 12)
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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 16, 49)
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 — Word marks CA’ MARINA and MARINA ALTA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19, 25, 47, 48, 50, 59)
Re:
| ACTION for annulment of the decision of the First Board of Appeal of OHIM of 4 May 2011 (Case R 518/2010-1), relating to opposition proceedings between Bodegas Cooperativas de Alicante, Coop. V. and Masottina SpA. |
Operative part
The Court:
2. | | Orders Masottina SpA to pay the costs. |