Judgment — ECLI:EU:T:2013:112
Date: 2013-03-07
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Seventh Chamber) of 7 March 2013 — FairWild Foundation v OHIM — Wild (FAIRWILD) (Case T‑247/11) Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark FAIRWILD — Earlier Community word mark WILD — 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 17, 18) 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 — Word marks FAIRWILD and WILD (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19, 20, 22, 44, 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 of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 31, 34) 4. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Exclusion (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 38) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 3 March 2011 (Case R 1014/2010‑1), relating to opposition proceedings between Rudolf Wild GmbH & Co. KG and FairWild Foundation. Operative part The Court: 1. Dismisses the action; 2. Orders FairWild Foundation to pay the costs.