Judgments (Information) nº T-243/12 of The General Court, July 03, 2013

• Resolution Date: July 03, 2013
• Issuing Organization: The General Court
• Decision Number: T-243/12

Judgment of the General Court (Second Chamber) of 3 July 2013 —Warsteiner Brauerei Haus Cramer v OHIM — Stuffer (ALOHA 100% NATURAL) (Case T‑243/12)

Community trade mark — Opposition proceedings — Application for the Community figurative mark ALOHA 100% NATURAL — Earlier national word mark ALOA — 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 — Review of the lawfulness of decisions of the Boards of Appeal — Account taken by the General Court of matters of law and fact which have not been raised previously before the departments of OHIM — Exclusion (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (see paras 13, 14)

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 20-22, 37)

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 ALOHA 100% NATURAL and word mark ALOA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 26, 32-36, 38, 39)

4. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by...