Judgment — ECLI:EU:T:2014:98
Date: 2014-02-27
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Ninth Chamber) of 27 February 2014 — Lidl Stiftung v OHIM — Lídl Music (LIDL) (Case T‑226/12) Community trade mark — Opposition proceedings — Application for the Community figurative mark LIDL — Earlier national figurative mark LÍDL MUSIC — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 15(1) and Article 42(2) and (3) of Regulation No 207/2009 1. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Application of the criteria to the case in question (Council Regulation No 207/2009, Arts 15(1) and 42(2) and (3)) (see paras 27-29) 2. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Arts 15(1) and 42(2) and (3)) (see paras 30, 31) 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 64-66) 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 LIDL express and figurative mark LÍDL MUSIC (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 67, 72-82, 84) 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 207/2009, Art. 8(1)(b)) (see paras 70, 71) Re: ACTION for annulment of the decision of the First Board of Appeal of OHIM of 21 March 2012 (Case R 2380/2010‑1) relating to opposition proceedings between Lídl Music spol. s r.o. and Lidl Stiftung & Co. KG. Operative part The Court: 1. Dismisses the action; 2. Orders Lidl Stiftung & Co. KG to pay the costs.