Judgment — ECLI:EU:T:2014:949
Date: 2014-11-13
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Spain

Judgment of the General Court (Seventh Chamber) of 13 November 2014 — Natura Selection v OHIM — Afoi Anezoulaki (natur) (Case T‑549/10) Community trade mark — Opposition proceedings — Application for the Community word mark natur — Earlier application for the figurative mark natura — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — No power to issue directions (Council Regulation No 207/2009, Art. 65(6)) (see para. 22) 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 para. 27) 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 — Attention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 28) 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 between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 29, 33) 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 — Likelihood of confusion with the earlier mark — Word mark natur and figurative marks natura, natura selection and natura casa (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 30, 34-38) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 6 September 2010 (Case R 217/2010‑2), relating to opposition proceedings between Natura Selection, SL and Afoi Anezoulaki AE. Operative part The Court: 1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 September 2010 (Case R 217/2010‑2); 2. Orders OHIM to pay the costs.