Judgment — ECLI:EU:T:2014:33
Date: 2014-01-28
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Second Chamber) of 28 January 2014 — Schuhhaus Dielmann v OHIM — Carrera (Carrera panamericana) (Case T‑600/11) Community trade mark — Opposition proceedings — International registration designating the European Community Carrera panamericana — Earlier Community figurative mark CARRERA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 1. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 21, 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 paras 32, 60) 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 — Word mark Carrera panamericana and figurative mark CARRERA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 34, 35, 61, 62) 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 of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 36-38) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 15 September 2011 (Case R 1989/2010-1), relating to opposition proceedings between Carrera SpA and Schuhhaus Dielmann GmbH & Co. KG. Operative part The Court: 1. Dismisses the action; 2. Orders Schuhhaus Dielmann GmbH & Co. KG to pay the costs.