Judgment of the General Court (Seventh Chamber) of 28 October 2015 —
Verus v OHIM — Joie International (MIRUS)
(Case T‑576/13)
Community trade mark — Opposition proceedings — Application for Community word mark MIRUS — Earlier national word mark MIRUS — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(a) and (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 29, 30, 47, 51)
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 — Word marks MIRUS (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 36-39, 41-45, 48)
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 between the goods or services in question — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 40)
Re:
| ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 23 August 2013 (Case R 715/2012-5), concerning opposition proceedings between Verus Eood and Joie International Co., Ltd. |
Operative part
The Court:
2. | | Orders Verus Eood to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Joie International Co., Ltd. |