Judgments (Information) nº T-338/12 of The General Court, June 18, 2013

• Resolution Date: June 18, 2013
• Issuing Organization: The General Court
• Decision Number: T-338/12

Judgment of the General Court (Seventh Chamber) of 18 June 2013 — Rocket Dog Brands v OHIM — Julius-K9 (K9 PRODUCTS)

(Case T‑338/12)

Community trade mark — Invalidity proceedings — Community figurative mark K9 PRODUCTS — Earlier Community figurative mark K9 — Relative grounds 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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 15, 46)

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 — Figurative marks K9 PRODUCTS and K9 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18, 19, 29, 34, 48-50, 61, 62)

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 — Similarity of the marks concerned — Criteria...