Judgments (Information) nº T-285/12 of The General Court, October 02, 2013

• Resolution Date: October 02, 2013
• Issuing Organization: The General Court
• Decision Number: T-285/12

Judgment of the General Court (Seventh Chamber) of 2 October 2013 —Cartoon Network v OHIM — Boomerang TV (BOOMERANG) (Case T‑285/12)

Community trade mark — Opposition proceedings — Application for the Community word mark BOOMERANG — Earlier Community figurative mark BoomerangTV — 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 16, 41)

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 — Determination of the relevant public (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 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 — Word mark BOOMERANG and figurative mark BoomerangTV (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 35, 40, 45, 59)

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 — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 26)

5. Community trade mark —...