Judgments (Information) nº T-522/11 of The General Court, June 18, 2013

• Resolution Date: June 18, 2013
• Issuing Organization: The General Court
• Decision Number: T-522/11

Judgment of the General Court (First Chamber) of 18 June 2013 — Otero González v OHIM — Apli-Agipa (APLI-AGIPA)

(Case T‑522/11)

Community trade mark — Opposition proceedings — Application for the Community word mark APLI-AGIPA — Earlier national word mark AGIPA — Relative ground for refusal — Likelihood of confusion — Comparison of the goods — 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 26-28)

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 APLI-AGIPA and AGIPA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31, 36-39)

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...