Judgment — ECLI:EU:T:2015:510
Date: 2015-07-15
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Belgium

Judgment of the General Court (Fourth Chamber) of 15 July 2015 — Knauf Insulation Technology v OHIM — Saint Gobain Cristalería (ECOSE) (Case T‑323/12) Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark ECOSE — Earlier national word mark ECOSEC FACHADAS — 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18-20, 33, 53) 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 between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 25) 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 of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 51, 52) 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 — Word marks ECOSE and ECOSEC FACHADAS (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 54, 55, 58-60) 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 (see paras 62, 63) Re: ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 17 April 2012 (Case R 259/2011-5) relating to opposition proceedings between Saint Gobain Cristalería, SL and Knauf Insulation Technologies. Operative part The Court: 1. Dismisses the action; 2. Orders Knauf Insulation Technology to pay the costs.