Judgment of the General Court (Sixth Chamber) of 24 January 2013 —
Yordanov v OHIM — Distribuidora comercial del frio (DISCO DESIGNER)
(Case T‑189/11)
Community trade mark — Opposition proceedings — Application for Community word mark DISCO DESIGNER — Earlier figurative Community mark DISCO — Relative ground for refusal — Likelihood of confusion — Identity of the goods — 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 — Re-evaluation of the facts in the light of evidence produced for the first time before it — Exclusion (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 13)
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 — Determination of the relevant public (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 25)
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 mark DISCO DESIGNER and figurative mark DISCO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26-28, 36, 37, 44, 45, 53-62, 64, 65)
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 — Assessment of the likelihood of confusion — Attention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31, 32)
5. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (see para. 33)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 14 January 2011 (Case R 803/2010‑2), relating to opposition proceedings between Distribuidora comercial del frio, SA and Mr Peter Yordanov. |
Operative part
The Court:
2. | | Orders Mr Peter Yordanov to pay the costs. |