Judgment of the General Court (Third Chamber) of 29 January 2014 — Goldsteig Käsereien Bayerwald v OHIM — Vieweg (goldstück)

(Case T‑47/13)

‛Community trade mark — Opposition proceedings — Application for Community figurative mark goldstück — Earlier Community word mark GOLDSTEIG — Relative ground for refusal — No 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 17, 18, 37)

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 goldstück and word mark GOLDSTEIG (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 24, 36, 43)

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 — Similarity of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 26)

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 — Likelihood of confusion with the earlier mark — Weighting of the elements of similarity or difference of the signs — Taking into account of the intrinsic characteristics of the signs or the conditions in which the goods or services are marketed (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 41)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 14 November 2012 (Case R 2589/2011‑1) relating to opposition proceedings between Goldsteig Käsereien Bayerwald GmbH and Ms Christin Vieweg.

Operative part

The Court:

1. Dismisses the action;

2. Orders Goldsteig Käsereien Bayerwald GmbH to pay the costs.

Judgment of the General Court (Third Chamber) of 29 January 2014 — Goldsteig Käsereien Bayerwald v OHIM — Vieweg (goldstück)

(Case T‑47/13)

‛Community trade mark — Opposition proceedings — Application for Community figurative mark goldstück — Earlier Community word mark GOLDSTEIG — Relative ground for refusal — No 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 17, 18, 37)

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 goldstück and word mark GOLDSTEIG (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 24, 36, 43)

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 — Similarity of the marks concerned — Criteria for assessment — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 26)

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 — Likelihood of confusion with the earlier mark — Weighting of the elements of similarity or difference of the signs — Taking into account of the intrinsic characteristics of the signs or the conditions in which the goods or services are marketed (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 41)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 14 November 2012 (Case R 2589/2011‑1) relating to opposition proceedings between Goldsteig Käsereien Bayerwald GmbH and Ms Christin Vieweg.

Operative part

The Court:

1. Dismisses the action;