Judgment — ECLI:EU:T:2014:626
Date: 2014-07-11
Language of the case: German
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Austria

Judgment of the General Court (Second Chamber) of 11 July 2014 — Sport Eybl & Sports Experts v OHIM — Elite Licensing (e) (Case T‑425/12) Community trade mark — Opposition proceedings — Application for Community figurative mark e — Earlier Community figurative mark e — 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 18-22, 42, 46) 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 e (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 25, 43, 44) 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 29, 30) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 26 June 2012 (Case R 881/2011-1) concerning opposition proceedings between Elite Licensing Company SA and Sport Eybl & Sports Experts GmbH. Operative part The Court: 1. Dismisses the action; 2. Orders Sport Eybl & Sports Experts GmbH to pay the costs.