Judgment — ECLI:EU:T:2015:92
Date: 2015-02-11
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Netherlands

Judgment of the General Court (Third Chamber) of 11 February 2015 — Fetim v OHIM — Solid Floor (Solidfloor The professional’s choice) (Case T‑395/12) Community trade mark — Opposition proceedings — Application for the Community figurative mark Solidfloor The professional’s choice — Earlier national figurative mark SOLID floor, earlier trade name and domain name Solid Floor Ltd — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Similarity of the goods and services — 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 17, 18, 24, 41, 44) 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 marks Solidfloor The professional’s choice and SOLID floor (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-21, 23, 46) 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. 22) 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 — Composite mark — Weak distinctive character of the dominant element (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 32) 5. Community trade mark — Definition and acquisition of the Community trade mark — Assessment of the registrability of a sign — EU rules only taken into account — Earlier registration of the mark in certain Member States or third countries — Decisions not binding EU bodies (Council Regulation No 207/2009) (see para. 31) 6. 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 — Weak distinctive character of the earlier mark — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 45) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 June 2012 (Case R 884/2011-2), relating to opposition proceedings between Solid Floor Ltd and Fetim BV. Operative part The Court: 1. Dismisses the action; 2. Orders Fetim BV to pay the costs.