Judgment — ECLI:EU:T:2014:997
Date: 2014-11-27
Language of the case: Italian
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court (Seventh Chamber) of 27 November 2014 — Cantina Broglie 1 v OHIM — Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (Ripassa ZENATO) (Case T‑154/11) Community trade mark — Opposition proceedings — Application for Community figurative mark Ripassa ZENATO — Earlier national word mark RIPASSO — 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 15, 16, 21, 68) 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 — Coexistence of earlier marks — Recognition of a certain degree of distinctiveness of a national mark (Council Regulation No 207/2009, Arts 7(1)(b), and 8(1)(b), and (2)(a)(ii); European Parliament and Council Directive 2008/95, Art. 3(1)(b)) (see paras 32-35) 3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 40) 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 46, 47) 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 — Figurative mark Ripassa ZENATO and word mark RIPASSO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 66, 70, 72) 6. 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 — Weak distinctive character of the earlier mark — Relevance (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 71, 73) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 December 2010 (Case R 700/2010‑2) concerning opposition proceedings between the Camera di Commercio, Industria, Artigianato e Agricoltura di Verona and Zenato Azienda Vitivinicola Srl. Operative part The Court: 1. Dismisses the action; 2. Orders Cantina Broglie 1 Srl to pay the costs.