Judgments (Information) nº T-505/11 of The General Court, June 25, 2013

• Resolution Date: June 25, 2013
• Issuing Organization: The General Court
• Decision Number: T-505/11

Judgment of the General Court (Second Chamber) of 25 June 2013 — Aldi v OHIM — Dialcos (dialdi)

(Case T‑505/11)

Community trade mark — Opposition proceedings — Application for Community figurative trade mark dialdi — Earlier Community word mark ALDI — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009

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. 19)

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 23-26)

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 dialdi and word mark ALDI (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 39, 45, 46, 48, 70, 75, 78, 89-92)

4. Community trade mark — Appeals procedure — Action before the EU judicature — Possibility for the General Court to alter the contested decision — Limits (Council Regulation No 207/2009, Art. 65(2) and (3)) (see paras 43, 44)

5. Community trade mark — Definition...