Arrêts (Information) nº T-243/12 of Tribunal de Première Instance des Communautés Européennes, July 03, 2013
Resolution Date | July 03, 2013 |
Issuing Organization | Tribunal de Première Instance des Communautés Européennes |
Decision Number | T-243/12 |
Arrêt du Tribunal (deuxième chambre) du 3 juillet 2013 – Warsteiner Brauerei Haus Cramer/OHMI – Stuffer (ALOHA 100 % NATURAL) (affaire T‑243/12)
Marque communautaire – Procédure d’opposition – Demande de marque communautaire figurative ALOHA 100 % NATURAL – Marque nationale verbale antérieure ALOA – Motif relatif de refus – Risque de confusion – Article 8, paragraphe 1, sous b), du règlement (CE) no 207/2009
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Marque communautaire – Procédure de recours – Recours devant le juge de l’Union – Compétence du Tribunal – Contrôle de la légalité des décisions des chambres de recours – Prise en compte par le Tribunal des éléments de droit et de fait non présentés auparavant devant les instances de l’Office – Exclusion (Règlement de procédure du Tribunal, art. 135, § 4 ; règlement du Conseil nº 207/2009, art. 65) (cf. points 13, 14)
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Marque communautaire – Définition et acquisition de la marque communautaire – Motifs relatifs de refus – Opposition par le titulaire d’une marque antérieure identique ou similaire enregistrée pour des produits ou services identiques ou similaires – Risque de confusion avec la marque antérieure – Appréciation du risque de confusion – Critères [Règlement du Conseil nº 207/2009, art. 8, § 1, b)] (cf. points 20-22, 37)
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Marque communautaire – Définition et acquisition de la marque communautaire – Motifs relatifs de refus – Opposition par le titulaire d’une marque antérieure identique ou similaire enregistrée pour des produits ou services identiques ou similaires – Risque de confusion avec la marque antérieure – Marque...
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