Judgment — ECLI:EU:T:2014:965
Date: 2014-11-18
Language of the case: Spanish
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Spain

Judgment of the General Court (Third Chamber) of 18 November 2014 — Repsol v OHIM — Adell Argiles (ELECTROLINERA) (Case T‑308/13) Community trade mark — Opposition proceedings — Application for Community word mark ELECTROLINERA — Earlier national word mark ELECTROLINERA — Relative ground 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 — Exclusion (Council Regulation No 207/2009, Art. 65) (see para. 20) 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 25, 26, 75) 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. 29) 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)) (see para. 30) 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 — Likelihood of confusion with the earlier mark — Word marks ELECTROLINERA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 80, 83-86) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2013 (Case R 1565/2012‑1), relating to opposition proceedings between Mr Josep María Adell Argiles and Repsol, SA. Operative part The Court: 1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 March 2013 (Case R 1565/2012‑1), relating to opposition proceedings between Mr Josep María Adell Argiles and Repsol, SA in so far as concerns the ‘industrial oils and greases; lubricants; fuels (including motor spirit)’ in Class 4 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended; 2. Dismisses the action as to the remainder; 3. Orders each party to bear its own costs.