Judgment of the General Court (Sixth Chamber) of 25 February 2016 — FCC Aqualia v OHIM — Sociedad General de Aguas de Barcelona (AQUALOGY)

(Case T‑402/14)

‛Community trade mark — Opposition proceedings — Application for the Community figurative mark AQUALOGY — Earlier Community word mark AQUALIA and earlier national figurative mark aqualia — Relative grounds for refusal — Article 8(1)(b) and Article 8(5) of Regulation 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 — Distinctiveness or reputation of the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22-24, 61, 77, 82)

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 — Figurative mark AQUALOGY — Word mark AQUALIA and figurative mark aqualia (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27, 39, 49, 76, 86)

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 — Determination of the relevant public — Point in time to be taken into consideration — Point at which choice exercised in relation to the goods or services concerned (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 32, 33, 35, 36)

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 paras 45, 46)

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 of the marks concerned — Criteria for assessment — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 50)

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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Link between the marks (Council Regulation No 207/2009, Art. 8(1)(b), and (5)) (see paras 90-92, 96)

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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Figurative mark AQUALOGY — Word mark AQUALIA and figurative mark aqualia (Council Regulation No 207/2009, Art. 8(1)(b), and (5)) (see paras 97-100)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 13 March 2014 (Case R 1209/2013-1), relating to opposition proceedings between Sociedad General de Aguas de Barcelona, SA and FCC Aqualia, SA.

Operative part

The Court:

1. Dismisses the action;