Judgment — ECLI:EU:T:2013:412
Date: 2013-09-06
Language of the case: German
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Austria

Judgment of the General Court (Fourth Chamber) of 6 September 2013 — Leiner v OHIM — Recaro (REVARO) (Case T‑349/12) Community trade mark — Opposition proceedings — Application for the Community figurative mark REVARO — Earlier international word mark RECARO — 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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 14, 39) 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 — Similarity of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 15, 16) 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 — Figurative mark REVARO and word mark RECARO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 17, 18, 29, 34, 35, 40, 41) 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 — Visual similarity between a figurative mark and a word mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 22) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 16 May 2012 (Case R 482/2011‑1), concerning opposition proceedings between Recaro Beteiligungs-GmbH and Rudolf Leiner GmbH. Operative part The Court: 1. Dismisses the action; 2. Orders Rudolf Leiner GmbH to pay the costs.