Judgments (Information) nº T-89/12 of The General Court, June 27, 2013

• Resolution Date: June 27, 2013
• Issuing Organization: The General Court
• Decision Number: T-89/12

Judgment of the General Court (Seventh Chamber) of 27 June 2013 — Repsol YPF v OHIM — Ajuntament de Roses (R) (Case T‑89/12)

Community trade mark — Opposition proceedings — Application for Community figurative mark R — Earlier national figurative mark R — Relative ground for refusal — 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 — Direction issued to the Office — Exclusion (Council Regulation No 207/2009, Art. 65) (see para. 15)

2. 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 (Council Regulation No 207/2009, Art. 65) (see para. 19)

3. Community trade mark — Appeals procedure — Action before the EU judicature — Legality of the decision of a Board of Appeal adjudicating in opposition proceedings — Challenged by the adducing of new facts — Not permissible — Account taken, for the purposes of interpreting EU law, of EU national or international case-law not cited before the OHIM bodies — Lawfulness (Council Regulation No 207/2009, Art. 65) (see para. 22)

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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art 8(1)(b)) (see para. 26)

5. 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 R (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27, 43, 50-55)

6. 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 (Council Regulation No 207/2009, Art 8(1)(b)) (see paras 28,...