Judgment — ECLI:EU:T:2015:251
Date: 2015-04-30
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Fifth Chamber) of 30 April 2015 — Tecalan v OHIM — Ensinger (TECALAN) (Case T‑100/14) Community trade mark — Opposition proceedings — Application for Community word mark TECALAN — Earlier Community word mark TECADUR — 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 14-17) 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 22) 3. Community trade mark — Appeals procedure — Action before the EU judicature — Limitation of the list of products and services after the decision of the Board of Appeal — Consequences (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 43(1)) (see paras 31, 32) 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. 40) 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 TECALAN and TECADUR (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 60-62) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 11 December 2013 (Case R 2308/2012-1), relating to opposition proceedings between Ensinger GmbH and Tecalan GmbH. Operative part The Court: 1. Dismisses the action; 2. Orders Tecalan GmbH to pay the costs.