Judgments (Information) nº T-569/11 of The General Court, September 16, 2013

• Resolution Date: September 16, 2013
• Issuing Organization: The General Court
• Decision Number: T-569/11

Judgment of the General Court (First Chamber) of 16 September 2013 —Gitana v OHIM — Teddy (GITANA) (Case T‑569/11)

Community trade mark — Opposition proceedings — Application for the Community figurative mark GITANA — Earlier Community figurative mark KiTANA — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Identity or similarity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009 — Partial refusal of registration

1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Exclusion (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 22)

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 — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 34, 35, 68)

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 marks GITANA and KiTANA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 37, 46, 58, 62-64, 67, 69)

4. Community trade mark — Decisions of the Office — Legality — OHIM’ s previous decision-making practice — Principle of non-discrimination — No effect (Council Regulation No 207/2009) (see paras 48, 59)

5. Community trade mark — Definition and acquisition of the Community trade mark — Relative...