Judgment — ECLI:EU:T:2015:118
Date: 2015-02-26
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court (Eighth Chamber) of 26 February 2015 — Costa Crociere v OHIM — Guerlain (SAMSARA) (Case T‑388/13) Community trade mark — Opposition proceedings — Application for the Community word mark SAMSARA — Earlier Community word mark SAMSARA — 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 15, 16) 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 marks SAMSARA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18, 19, 34, 39) 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 — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 21, 24) 4. Community trade mark — Definition and acquisition of the Community trade mark — Assessment of the registrability of a sign — EU rules only taken into account (Council Regulation No 207/2009) (see para. 35) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 May 2013 (Case R 2049/2011-4), relating to opposition proceedings between Guerlain SA and Costa Crociere SpA. Operative part The Court: 1. Dismisses the action; 2. Orders Costa Crociere SpA to pay the costs.