Judgment — ECLI:EU:T:2014:569
Date: 2014-06-24
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: United Kingdom

Judgment of the General Court (Second Chamber) of 24 June 2014 — Hut.com v OHIM — Intersport France (THE HUT) (Case T‑330/12) Community trade mark — Opposition proceedings — Application for the Community word mark THE HUT — Earlier national word mark LA HUTTE — 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 16-18, 54) 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 — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 24) 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 30, 31) 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 — Likelihood of confusion with the earlier mark — Work marks THE HUT and LA HUTTE (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 36, 41, 47, 48, 55) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 27 April 2012 (Case R 814/2011‑2), relating to opposition proceedings between Intersport France and The Hut.com Ltd. Operative part The Court: 1. Dismisses the action; 2. Orders The Hut.com Ltd to pay the costs.