Judgment — ECLI:EU:T:2016:51
Date: 2016-02-02
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court (Second Chamber) of 2 February 2016 — Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris v OHIM — Vicente Gandía Pla (ILLIRIA) (Case T‑541/14) Community trade mark — Opposition proceedings — Application for the Community figurative mark ILLIRIA — Earlier Community word mark CASTILLO DE LIRIA — 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 17-21) 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 ILLIRIA and word mark CASTILLO DE LIRIA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 24, 31, 34, 35, 39, 40, 48) 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 of the marks concerned — Elements of a trade mark having a descriptive character — Wine sector (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 25) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 21 May 2014 (Case R 917/2013-4) concerning opposition proceedings between Vicente Gandía Pla, SA and Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris Srl. Operative part The Court: 1. Dismisses the action; 2. Orders Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris Srl to pay the costs.