Order — ECLI:EU:C:2013:654
Date: 2013-09-25
Based on: Treaty on the Functioning of the European Union (consolidated version 2008)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal
Origin: Provisional data;United States

summary, the appellant submits that Article 8 (1) (b) of Regulation No. 40/94 has been infringed for the following reasons: Failure to take account of "the average specialized consumer in the United Kingdom" as being the relevant public in relation to which the analysis of the likelihood of confusion must be carried out; Misapplication of established legal principles for assessing similarity of goods; Violation of the principles according to which, in order to assess likelihood of confusion, consideration should be given to all factors relevant to the individual case and, inter alia, to the distinctive character of the earlier mark. ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark OJ L 11, p. 1 2 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark OJ L 78, p. 1