Judgment of the General Court (Second Chamber) of 28 January 2014 — Schuhhaus Dielmann v OHIM — Carrera (Carrera panamericana)

(Case T‑600/11)

‛Community trade mark — Opposition proceedings — International registration designating the European Community Carrera panamericana — Earlier Community figurative mark CARRERA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009’

1. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 21, 22)

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 32, 60)

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 Carrera panamericana and figurative mark CARRERA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 34, 35, 61, 62)

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 of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 36-38)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 15 September 2011 (Case R 1989/2010-1), relating to opposition proceedings between Carrera SpA and Schuhhaus Dielmann GmbH & Co. KG.

Operative part

The Court:

1. Dismisses the action;

2. Orders Schuhhaus Dielmann GmbH & Co. KG to pay the costs.

Judgment of the General Court (Second Chamber) of 28 January 2014 — Schuhhaus Dielmann v OHIM — Carrera (Carrera panamericana)

(Case T‑600/11)

‛Community trade mark — Opposition proceedings — International registration designating the European Community Carrera panamericana — Earlier Community figurative mark CARRERA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009’

1. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 21, 22)

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 32, 60)

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 Carrera panamericana and figurative mark CARRERA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 34, 35, 61, 62)

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 of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 36-38)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 15 September 2011 (Case R 1989/2010-1), relating to opposition proceedings between Carrera SpA and Schuhhaus Dielmann GmbH & Co. KG.

Operative part

The Court:

1. Dismisses the action;