Judgment — ECLI:EU:T:2015:98
Date: 2015-02-12
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to documents annexed to the application — Inadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 14) 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 18-22) 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 — Word mark KLAES and figurative mark Klaes (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 25, 35, 37) 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 28, 29) 5. Community trade mark — Lodging the application for a Community trade mark — Identification of the goods or services concerned by the trade mark — Requirements of clarity and precision — Determination, by the competent authorities and the economic operators, of the extent of the protection conferred by the trade mark (Council Regulation No 207/2009, Art. 26(1)(c)) (see para. 32) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 6 June 2013 (Case R 1206/2012-1) concerning opposition proceedings between Horst Klaes GmbH & Co. KG and Klaes Kunststoffe GmbH. Operative part The Court: 1. Dismisses the action; 2. Orders Horst Klaes GmbH & Co. KG to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); 3. Orders Klaes Kunststoffe GmbH to bear its own costs.