Judgment of the General Court (Seventh Chamber) of 27 June 2013 — MOL v OHIM — Banco Bilbao Vizcaya Argentaria (MOL Blue Card)

(Case T-367/12)

‛Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark MOL Blue Card — Earlier Community word marks BLUE, BLUE BBVA and TARJETA BLUE BBVA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009’

1. Community trade mark — Appeals procedure — Appeals before the Community judicature — Jurisdiction of the General Court — Direction issued to the Office — Exclusion (Council Regulation No 207/2009, Art. 65(6)) (see para. 15)

2. Judicial proceedings — 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 annexed to the application — Inadmissibility (Rules of Procedure of the General Court, Art. 44(1)) (see paras 16, 17)

3. 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 — Not included (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (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 — Likelihood of confusion with the earlier mark — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 28, 29)

5. 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 mark MOL Blue Card and word marks BLUE, BLUE BBVA and TARJETA BLUE BBVA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31, 62)

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 — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (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 — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 38, 39, 57)

8. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (Council Regulation No 207/2009) (see para. 52)

9. Community trade mark — Decisions of the Office — Legality — OHIM’s previous decision-making practice — Principle of non-discrimination — Irrelevant (Council Regulation No 207/2009) (see paras 53, 54)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 May 2012 (Case R 2532/2011-2), concerning opposition proceedings between Banco Bilbao Vizcaya Argentaria, SA and MOL Magyar Olaj- és Gázipari Nyrt.

Operative part

The Court:

1. Dismisses the action;