Judgment — ECLI:EU:T:2015:52
Date: 2015-01-28
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Germany

Judgment of the General Court (Third Chamber) of 28 January 2015 — BSH v OHIM — Arçelik (AquaPerfect) (Case T‑123/14) Community trade mark — Opposition proceedings — Application for Community word mark AquaPerfect — Earlier Community word mark waterPerfect — 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, 26, 44) 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 AquaPerfect and waterPerfect (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31-41, 49) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 December 2013 (Case R 314/2013-4) concerning opposition proceedings between BSH Bosch und Siemens Hausgeräte GmbH and Arçelik A.Ş. Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 9 December 2013 (Case R 314/2013-4) concerning opposition proceedings between BSH Bosch und Siemens Hausgeräte GmbH and Arçelik A.Ş.; 2. Orders OHIM to bear its own costs and to pay those incurred by BSH Bosch und Siemens Hausgeräte; 3. Orders Arçelik to bear its own costs.