Judgment of the General Court (Ninth Chamber) of 11 September 2014 — Continental Wind Partners v OHIM — Continental Reifen Deutschland (CONTINENTAL WIND PARTNERS)

(Case T‑185/13)

‛Community trade mark — Opposition proceedings — Application for Community figurative mark CONTINENTAL WIND PARTNERS — Earlier international figurative mark Continental — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration’

1. Procedure — Application initiating proceedings — Formal requirements — Brief 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 — Inadmissibility (Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 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 — Refusal to register on a ground relating to refusal even limited to part of the Union (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 23)

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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1))(b)) (see paras 24, 66, 67, 71)

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 para. 27)

5. Community trade mark — Appeals procedure — Appeal against a decision of the Opposition Division of OHIM — Examination by the Board of Appeal — Scope (Council Regulation No 207/2009, Art. 76) (see para. 33)

6. Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Opposition proceedings — Examination restricted to the submissions of the parties — Examination of a legal question of the Office’s own motion — Condition (Council Regulation No 207/2009, Art. 76(1)) (see para. 35)

7. 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 42)

8. 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 — Coexistence of earlier marks — Recognition of an international mark as having a certain degree of distinctiveness (Council Regulation No 207/2009, Arts 7(1)(b), and 8(1)(b), and (2)(a)(iv)) (see paras 59-62, 64)

9. 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 CONTINENTAL WIND PARTNERS and Continental (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 71-74, 76)

10. 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 — Likelihood of association — Concept serving solely to define the scope of the likelihood of confusion (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 75)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 January 2013 (Case R 2204/2011-2), relating to opposition proceedings between Continental Reifen Deutschland GmbH and Continental Wind Partners LLC.

Operative part

The Court:

1. Dismisses the action;

2. Orders Continental Wind Partners LLC to pay the costs.

Judgment of the General Court (Ninth Chamber) of 11 September 2014 — Continental Wind Partners v OHIM — Continental Reifen Deutschland (CONTINENTAL WIND PARTNERS)

(Case T‑185/13)

‛Community trade mark — Opposition proceedings — Application for Community figurative mark CONTINENTAL WIND PARTNERS — Earlier international figurative mark Continental — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration’

1. Procedure — Application initiating proceedings — Formal requirements — Brief 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 — Inadmissibility (Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 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 — Refusal to register on a ground relating to refusal even limited to part of the Union (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 23)

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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1))(b)) (see paras 24, 66, 67, 71)

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 para. 27)

5. Community trade mark — Appeals procedure — Appeal against a decision of the Opposition Division of OHIM — Examination by the Board of Appeal — Scope (Council Regulation No 207/2009, Art. 76) (see para. 33)

6. Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Opposition proceedings — Examination restricted to the submissions of the parties — Examination of a legal question of the Office’s own motion — Condition (Council Regulation No 207/2009, Art. 76(1)) (see para. 35)

7. 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 42)

8. 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 — Coexistence of earlier marks — Recognition of an international mark as having a certain degree of distinctiveness (Council Regulation No 207/2009, Arts 7(1)(b), and 8(1)(b), and (2)(a)(iv)) (see paras 59-62, 64)

9. 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 CONTINENTAL WIND PARTNERS and Continental (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 71-74, 76)

10. 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 — Likelihood of association — Concept serving solely to define the scope of the likelihood of confusion (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 75)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 January 2013 (Case R 2204/2011-2), relating to opposition proceedings between Continental Reifen Deutschland GmbH and Continental Wind Partners LLC.

Operative part

The Court:

1. Dismisses the action;