Judgment of the General Court (Fifth Chamber) of 30 May 2013 — DHL International v OHIM — Service Point Solutions (SERVICEPOINT)

(Case T-218/10)

‛Community trade mark — Opposition proceedings — Application for Community figurative mark SERVICEPOINT — Earlier Community marks ServicePoint and earlier national marks — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) and Article 76(1) and (2) of Regulation (EC) No 207/2009’

1. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to other documents — Inadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 15)

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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 24, 52)

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 — Weak distinctive character of the earlier mark — Relevance (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 43)

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 — Figurative mark SERVICEPOINT and figurative marks ServicePoint (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27, 28, 36, 47-50, 53, 55, 57)

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 — Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 30-32)

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 — Elements of a trade mark having a descriptive character (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 33)

7. Community trade mark — Definition and acquisition of the Community trade mark — Prior registration of the trade mark in certain Member States — Effect (see para. 56)

8. Community trade mark — Procedural provisions — Opposition proceedings — Examination restricted to the submissions of the parties — Repute of the earlier mark — Obligation on the parties to state facts and evidence in support — Intrinsic distinctive character of the earlier trade mark — Considered of Court’s own motion (Council Regulation No 207/2009, Art. 76) (see para. 63)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 February 2012 (Case R 62/2009-2) relating to opposition proceedings between Service Point Solutions, SA and DHL Operations BV.

Operative part

The Court:

1. Dismisses the action;