Judgment — ECLI:EU:T:2012:313
Date: 2012-06-21
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Belgium

Judgment of the General Court (Fifth Chamber) of 21 June 2012 — Kavaklidere‑Europe v OHIM — Yakult Honsha (Yakut) (Case T‑276/09) Community trade mark — Opposition proceedings — Application for the Community word mark Yakut — Earlier Community figurative mark Yakult — 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 — Power to issue directions — None (Council Regulation No 207/2009, Art. 65(6)) (see para. 17) 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 — Word mark Yakut and figurative mark Yakult (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 56, 57) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 May 2009 (Case R 1396/2008‑4) concerning opposition proceedings between Yakult Honsha Kabushiki Kaisha and Kavaklidere-Europ. Operative part The Court: 1. Dismisses the action; 2. Orders Kavaklidere-Europe to pay the costs.