Judgment of the General Court (Fifth Chamber) of 25 November 2015 —
Sephora v OHIM — Mayfield Trading (Representation of two undulating vertical lines)
(Case T‑320/14)
Community trade mark — Opposition proceedings — Application for Community figurative mark representing two undulating vertical lines — National and international figurative marks representing an undulating vertical line — Absolute ground for refusal — No likelihood of confusion — Article 8(1)(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 — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 17)
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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18, 19)
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 — Figurative mark representing two undulating vertical lines and figurative marks representing one undulating vertical line (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 41, 46, 53, 54, 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 — High distinctiveness of the earlier mark — Irrelevant where no similarity between the marks concerned (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 60, 61)
5. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see para. 69)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 24 February 2014 (Case R 1577/2013-4) relating to opposition proceedings between Sephora and Mayfield Trading Ltd. |
Operative part
The Court:
2. | | Orders Sephora to pay the costs. |