Judgment of the General Court (Eighth Chamber) of 18 September 2012 — Scandic Distilleries v OHIM — Bürgerbräu, Röhm & Söhne (BÜRGER)

(Case T-460/11)

‛Community trade mark — Opposition proceedings — Application for Community figurative mark BÜRGER — Earlier Community word mark Bürgerbräu — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009’

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 annexed to the application (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 16-17)

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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25-28)

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 — Figurative mark BÜRGER and word mark Bürgerbräu (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 30-64)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 May 2011 (Case R 1962/2010-2), relating to opposition proceedings between Bürgerbräu, August Röhm & Söhne KG and Scandic Distilleries SA.

Operative part

The Court:

1. Dismisses the action;

2. Orders Scandic Distilleries SA to pay the costs.

Judgment of the General Court (Eighth Chamber) of 18 September 2012 — Scandic Distilleries v OHIM — Bürgerbräu, Röhm & Söhne (BÜRGER)

(Case T-460/11)

‛Community trade mark — Opposition proceedings — Application for Community figurative mark BÜRGER — Earlier Community word mark Bürgerbräu — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009’

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 annexed to the application (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 16-17)

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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25-28)

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 — Figurative mark BÜRGER and word mark Bürgerbräu (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 30-64)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 May 2011 (Case R 1962/2010-2), relating to opposition proceedings between Bürgerbräu, August Röhm & Söhne KG and Scandic Distilleries SA.

Operative part

The Court:

1. Dismisses the action;