Judgment of the General Court (Single Judge) of 19 February 2016 —
Infinite Cycle Works v OHIM — Chance Good Ent. (INFINITY)
(Case T‑30/15)
Community trade mark — Opposition proceedings — Application for the Community word mark INFINITY — Earlier Community word mark INFINI — Relative ground for refusal — Likelihood of confusion — 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 — Not included (Council Regulation No 207/2009, Art. 65) (see para. 16)
2. 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 (Council Regulation No 207/2009, Art. 65) (see paras 23, 60)
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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27-31, 54)
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 — Word marks INFINITY and INFINI (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 33, 34, 55, 56)
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 — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 38)
6. 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, Art. (1)(b)) (see paras 46, 47)
7. 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 para. 58)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 October 2014 (Case R 2308/2013-2) relating to opposition proceedings between Chance Good Ent. Co., Ltd, and Infinite Cycle Works Ltd. |
Operative part
The Court:
2. | | Orders Infinite Cycle Works Ltd to pay the costs. |