Judgment — ECLI:EU:T:2013:157
Date: 2013-04-09
Language of the case: Italian
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court (Third Chamber) of 9 April 2013 — Italiana Calzature v OHIM — Vicini (Giuseppe BY GIUSEPPE ZANOTTI) (Case T‑337/11) Community trade mark — Opposition proceedings — Application for Community figurative mark Giuseppe BY GIUSEPPE ZANOTTI — Prior Community word mark ZANOTTI — 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 19-21, 40) 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 — Figurative mark Giuseppe BY GIUSEPPE ZANOTTI and word mark ZANOTTI (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 25, 41, 42) 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 — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 24) 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 — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 27, 50) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 April 2011 (Case R 918/2010-2), concerning opposition proceedings between Societá Italiana Calzature SpA and Vicini SpA. Operative part The Court: 1. Dismisses the action; 2. Orders Societá Italiana Calzature SpA to pay the costs.