Judgment of the General Court (Sixth Chamber) of 19 November 2014 —
Evonik Oil Additives v OHIM — BRB International (VISCOTECH)
(Case T‑138/13)
Community trade mark — Opposition proceedings — Application for Community word mark VISCOTECH — Earlier national and international word marks VISCOPLEX — Evidence of the territorial extent and validity of an earlier international trade mark — Rule 19(2) and Rule 20(1) of Regulation (EC) 2868/95 — Relative grounds 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 — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 33, 34, 78)
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 — Attention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 36)
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 of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 50, 55, 56)
4. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (Council Regulation No 207/2009) (see paras 63, 64)
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 — Likelihood of confusion with the earlier mark — Word marks VISCOTECH and VISCOPLEX (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 79-83)
Re:
| ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 19 December 2012 (Case R 907/2012‑5), relating to opposition proceedings between Evonik Degussa GmbH and BRB International BV. |
Operative part
The Court:
2. | | Orders Evonik Oil Additives GmbH to pay the costs. |