Judgment — ECLI:EU:T:2013:628
Date: 2013-12-05
Language of the case: Spanish
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Ninth Chamber) of 5 December 2013 — Olive Line International v OHIM — Carapelli Firenze (Maestro de Oliva) (Case T‑4/12) Community trade mark — Opposition procedure — International registration designating the European Community — Figurative mark Maestro de Oliva — Earlier national word mark MAESTRO — Genuine use of the earlier mark — Likelihood of confusion — Articles 8(1)(b) and 15(1)(a) of Regulation (EC) No 207/2009 1. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Use of the mark in a form differing by elements not altering the distinctive character of the mark — Subject-matter and material scope of Article 15(1)(a) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 15(1)(a)) (see paras 23‑25) 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 42, 43, 81) 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 — Likelihood of confusion with the earlier mark — Figurative mark Maestro de Oliva and word mark MAESTRO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 45, 67, 73, 77, 80, 87‑89) 4. 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 47‑52) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 September 2011 (Case R 1612/2010‑2), concerning an opposition procedure between Carapelli Firenze SpA and Olive Line International, SL. Operative part The Court: 1. Dismisses the action; 2. Orders Olive Line International, SL to pay the costs.