Judgments (Information) nº T-142/12 of The General Court, July 11, 2013

• Resolution Date: July 11, 2013
• Issuing Organization: The General Court
• Decision Number: T-142/12

Judgment of the General Court (Sixth Chamber) of 11 July 2013 —Aventis Pharmaceuticals v OHIM — Fasel (CULTRA) (Case T‑142/12)

Community trade mark — Opposition proceedings — Application for Community figurative trade mark CULTRA — Earlier national word marks SCULPTRA — Relative ground for refusal — Likelihood of confusion — 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 22, 53)

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 — Figurative mark CULTRA and word marks SCULPTRA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27, 51, 52, 56,...