Judgments (Information) nº T-205/12 of The General Court, July 03, 2013
Resolution Date | July 03, 2013 |
Issuing Organization | The General Court |
Decision Number | T-205/12 |
Judgment of the General Court (Third Chamber) of 3 July 2013 —GRE v OHIM — Villiger Söhne (LIBERTE american blend against a blue background) (Case T‑205/12)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LIBERTE american blend — Earlier Community figurative mark La LIBERTAD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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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 19-21, 53)
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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 LIBERTE american blend and La LIBERTAD (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 31, 40, 45, 52, 55)
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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 between the goods or services in question — Criteria for assessment — Complementary nature of the goods (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 24)
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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 — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 32, 33)
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