Judgments (Information) nº T-282/12 of The General Court, October 16, 2013

• Resolution Date: October 16, 2013
• Issuing Organization: The General Court
• Decision Number: T-282/12

Judgment of the General Court (Third Chamber) of 16 October 2013 —El Corte Inglés v OHIM — Sohawon (fRee YOUR STYLe.) (Case T‑282/12)

Community trade mark — Opposition proceedings — Application for Community figurative mark fRee YOUR STYLe. — Earlier Community and national word marks FREE STYLE — Relative ground for refusal — 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 27, 28, 46)

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. 29)

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 fRee YOUR STYLe. and word marks FREE STYLE (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 32, 39, 45, 51, 52)

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 — Similarity between the goods or services in question — Criteria for assessment — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 33, 34)

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...