Judgment — ECLI:EU:T:2012:495
Date: 2012-09-27
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to other documents — Inadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)) (see para. 18) 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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 24, 27, 66, 68, 73-74) 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 — Figurative mark Emidio Tucci and word mark TUZZI (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 28-30, 52, 58, 63, 70) 5. 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 40/94, Art. 8(1)(b)) (see paras 35-37) 6. Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Opposition proceedings — Examination restricted to the submissions of the parties — Well-known facts taken into account (Council Regulation No 40/94, Art. 74(1)) (see paras 44, 101) 7. 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 — Possibility of a similarity between a figurative mark and a word mark (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 50) 8. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 73, first sentence, of Regulation No 40/94 — Scope the same as that of Article 253 EC — Recourse by the Board of Appeal to implicit reasoning — Lawfulness — Conditions (Art. 253 EC; Council Regulation No 40/94, Art. 73, first sentence) (see paras 80-83) 9. Community trade mark — Definition and acquisition of the Community trade mark — Prior registration of the trade mark in certain Member States — Effect (see para. 89) 10. Community trade mark — Procedural provisions — Decisions of the Office — Observance of the rights of the defence — Scope of the principle (Council Regulation No 40/94, Art. 73) (see para. 91) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 September 2008 (Case R 1561/2007-2), relating to opposition proceedings between Tuzzi fashion GmbH and El Corte Inglés, SA. Operative part The Court: 1. Dismisses the action; 2. Orders Tuzzi fashion GmbH to pay the costs.