Judgment of the General Court (Ninth Chamber) of 27 February 2014 —
Lidl Stiftung v OHIM — Lídl Music (LIDL express)
(Case T‑225/12)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LIDL express — Earlier national figurative mark LÍDL MUSIC — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 15(1) and Article 42(2) and (3) of Regulation No 207/2009
1. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Application of the criteria to the case in question (Council Regulation No 207/2009, Arts 15(1) and 42(2) and (3)) (see paras 27-29)
2. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Arts 15(1) and 42(2) and (3)) (see paras 30, 31)
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 64-66)
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 — Figurative mark LIDL express and figurative mark LÍDL MUSIC (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 67, 72-82, 84)
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 of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 70, 71)
Re:
| ACTION for annulment of the decision of the First Board of Appeal of OHIM of 21 March 2012 (Case R 2379/2010‑1) relating to opposition proceedings between Lídl Music spol. s r.o. and Lidl Stiftung & Co. KG. |
Operative part
The Court:
2. | | Orders Lidl Stiftung & Co. KG to pay the costs. |