Judgment of the General Court (Fifth Chamber) of 10 September 2014 — Micrus Endovascular v OHIM — Laboratórios Delta (DELTA)

(Case T‑218/12)

‛Community trade mark — Opposition proceedings — Application for Community word mark DELTA — Earlier national and international figurative marks DELTA PORTUGAL and company name LABORATORIOS DELTA — 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 31-35)

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. 36)

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 — Word mark DELTA and figurative marks DELTA Portugal (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 47, 71, 77, 78, 81)

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 products concerned — Criteria for assessment — Complementary nature of the goods (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 51, 52)

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 — Similarity between the products concerned — Criteria for assessment — Complementary nature of the goods — Goods belonging to the same product range — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 67)

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 of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 72, 73)

Re:

ACTION against the decision of the Second Board of Appeal of OHIM of 6 March 2012 (Case R 244/2011-2), concerning opposition proceedings between Laboratórios Delta Lda and Micrus Endovascular Corp.

Operative part

The Court:

1. Dismisses the action;

2. Orders Micrus Endovascular LLC to pay the costs.

Judgment of the General Court (Fifth Chamber) of 10 September 2014 — Micrus Endovascular v OHIM — Laboratórios Delta (DELTA)

(Case T‑218/12)

‛Community trade mark — Opposition proceedings — Application for Community word mark DELTA — Earlier national and international figurative marks DELTA PORTUGAL and company name LABORATORIOS DELTA — 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 31-35)

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. 36)

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 — Word mark DELTA and figurative marks DELTA Portugal (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 47, 71, 77, 78, 81)

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 products concerned — Criteria for assessment — Complementary nature of the goods (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 51, 52)

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 — Similarity between the products concerned — Criteria for assessment — Complementary nature of the goods — Goods belonging to the same product range — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 67)

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 of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 72, 73)

Re:

ACTION against the decision of the Second Board of Appeal of OHIM of 6 March 2012 (Case R 244/2011-2), concerning opposition proceedings between Laboratórios Delta Lda and Micrus Endovascular Corp.

Operative part

The Court:

1. Dismisses the action;