Judgments (Information) nº T-155/12 of The General Court, October 23, 2013

• Resolution Date: October 23, 2013
• Issuing Organization: The General Court
• Decision Number: T-155/12

Judgment of the General Court (Seventh Chamber) of 23 October 2013 —Schulze v OHIM — GKL (Klassiklotterie) (Case T‑155/12)

Community trade mark — Opposition proceedings — Application for Community word mark Klassiklotterie — Earlier national word mark NKL-Klassiklotterie — 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 15, 49)

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 — Word marks Klassiklotterie and NKL-Klassiklotterie (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 17-19, 50, 51)

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 —...