Judgments (Information) nº T-114/12 of The General Court, October 23, 2013

• Resolution Date: October 23, 2013
• Issuing Organization: The General Court
• Decision Number: T-114/12

Judgment of the General Court (Second Chamber) of 23 October 2013 —Bode Chemie v OHIM — Laros (sterilina) (Case T‑114/12)

Community trade mark — Opposition proceedings — Application for Community figurative mark sterilina — Earlier Community word and figurative marks STERILLIUM and BODE Sterillium — Relative ground 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 para. 17)

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 — Similarity of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18, 25)

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 — Assessment of the likelihood of confusion — Attention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 19)

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 — Likelihood of confusion with the earlier mark — Figurative mark sterilina — Word mark STERILLIUM and figurative mark BODE Sterillium (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22-24, 32, 34, 35)

5. Community...