Judgment — ECLI:EU:T:2014:585
Date: 2014-06-26
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Summary — Judgment of the General Court (Sixth Chamber), 26 June 2014 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)) 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 — Assessment of the likelihood of confusion — Determination of the relevant public — Attention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) 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 marks basic and BASIC (Council Regulation No 207/2009, Art. 8(1)(b)) 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 between the goods or services in question — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) 5. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case 6. Community trade mark — Definition and acquisition of the Community trade mark — Prior registration of the trade mark in certain Member States — Effect 1. See the text of the decision. (see paras 21, 22) 2. See the text of the decision. (see paras 24, 27) 3. For the relevant public composed of professionals, there is a likelihood of confusion, within the meaning of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark, between the figurative sign ‘basic’, registration of which is applied for in respect of goods and services under Classes 35 and 39 of the Nice Agreement, and the figurative mark BASIC previously registered in respect of services under Classes 35, 37 and 39, given the similarity of the services in question, the fact that they are phonetically and conceptually identical despite the low degree of visual similarity, and the low distinctive character of the earlier mark. (see paras 30, 58-60) 4. See the text of the decision. (see paras 32, 33) 5. See the text of the decision. (see para. 34) 6. See the text of the decision. (see para. 35)