Judgment — ECLI:EU:T:2015:390
Date: 2015-06-17
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Ninth Chamber) of 17 June 2015 — BMV Mineralöl v OHIM — Delek Europe (GO) (Case T‑60/14) Community trade mark — Opposition proceedings — Application for Community figurative mark GO — Earlier Community figurative mark GO — Relative ground for refusal — 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 20, 21) 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. 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 — 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 paras 23, 33) 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 — Figurative marks GO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 35) Re: ACTION brought against the decision of the fourth Board of Appeal of OHIM of 22 November 2013 (Case R 382/2013-4), relating to opposition proceedings between BMV Mineralöl Versorgungsgesellschaft mbH and Delek Europe BV. Operative part The Court: 1. Dismisses the action; 2. Orders BMV Mineralöl Versorgungsgesellschaft mbH to pay the costs.