Judgment of the General Court (Fourth Chamber) of 23 January 2014 — Coppenrath-Verlag v OHIM — Sembella (Rebella)

(Case T‑551/12)

‛Community trade mark — Opposition proceedings — Application for Community word mark Rebella — Earlier Community word mark SEMBELLA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 — Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009’

1. Community trade mark — Observation of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Mark used solely as an element of a complex mark or in combination with another mark (Council Regulation No 207/2009, Art. 15(1)) (see paras 39-41)

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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 51-53)

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 marks Rebella and SEMBELLA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 55-58, 62)

4. 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 — Exclusion (Council Regulation No 207/2009, Art. 65) (see para. 59)

5. Community trade mark — Definition and acquisition of the Community trade mark — Prior registration of the trade mark in certain Member States — Relevance (see para. 61)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 October 2012 (Case R 1681/2011-2) relating to opposition proceedings between Sembella GmbH and Coppenrath-Verlag GmbH & Co. KG.

Operative part

The Court:

1. Dismisses the action;

2. Orders Coppenrath-Verlag GmbH & Co. KG to pay the costs.

Judgment of the General Court (Fourth Chamber) of 23 January 2014 — Coppenrath-Verlag v OHIM — Sembella (Rebella)

(Case T‑551/12)

‛Community trade mark — Opposition proceedings — Application for Community word mark Rebella — Earlier Community word mark SEMBELLA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 — Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009’

1. Community trade mark — Observation of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Mark used solely as an element of a complex mark or in combination with another mark (Council Regulation No 207/2009, Art. 15(1)) (see paras 39-41)

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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 51-53)

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 marks Rebella and SEMBELLA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 55-58, 62)

4. 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 — Exclusion (Council Regulation No 207/2009, Art. 65) (see para. 59)

5. Community trade mark — Definition and acquisition of the Community trade mark — Prior registration of the trade mark in certain Member States — Relevance (see para. 61)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 October 2012 (Case R 1681/2011-2) relating to opposition proceedings between Sembella GmbH and Coppenrath-Verlag GmbH & Co. KG.

Operative part

The Court:

1. Dismisses the action;