Judgments (Information) nº T-416/11 of The General Court, October 25, 2013

• Resolution Date: October 25, 2013
• Issuing Organization: The General Court
• Decision Number: T-416/11

Judgment of the General Court (Sixth Chamber) of 25 October 2013 — Biotronik SE v OHIM — Cardios Sistemas (CARDIO MANAGER) (Case T‑416/11)

Community trade mark — Opposition proceedings — Application for Community word mark CARDIO MANAGER — Earlier national word mark CardioMessenger — Relative ground for refusal — No likelihood of confusion — No proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009

1. 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 — Account taken by the General Court of evidence not previously raised before the departments of OHIM — Exclusion (Council Regulation No 207/2009, Art. 65) (see para. 19)

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, Art. 42(2) and (3)) (see paras 27-33)

Re:

ACTION brought against the decision of the Second...