Judgment — ECLI:EU:T:2016:25
Date: 2016-01-21
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Seventh Chamber) of 21 January 2015 — Laboratorios Ern v OHIM — michelle menard (Lenah.C) (Case T‑802/14) Community trade mark — Opposition proceedings — Application for Community word mark Lenah.C — Earlier national word mark LEMA — Relative grounds 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 — Re-evaluation of the facts in the light of evidence produced for the first time before it — Not included (Rules of Procedure of the General Court (1991), Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 15) 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 19, 47) 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 marks Lenah.C and LEMA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20-23, 30, 50) 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 — Similarity of the marks concerned — Whether conceptual differences may neutralise visual or aural similarities — Conditions (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 44, 48) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 24 September 2014 (Case R 2260/2013-4) concerning opposition proceedings between Laboratorios Ern, SA and michelle menard GmbH — Berlin cosmetics. Operative part The Court: 1. Dismisses the action; 2. Orders Laboratorios Ern, SA to pay the costs.