Judgment of the General Court (Fourth Chamber) of 29 April 2015 — Chair Entertainment Group v OHIM — Libelle (SHADOW COMPLEX)

(Case T‑717/13)

‛Community trade mark — Opposition proceedings — Application for the Community word mark SHADOW COMPLEX — Earlier Community word mark BusinessShadow — Relative ground for refusal — 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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18-20, 58)

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 — Word marks SHADOW COMPLEX and BusinessShadow (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 27, 61)

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 between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 28, 29)

4. Approximation of laws — Trade marks — Directive 2008/95 — Identification of the goods or services concerned by the trade mark — Use of the general indications in the headings of the classes of the Nice classification — Lawfulness — Conditions — Sufficiently clear and precise identification (European Parliament and Council Directive 2008/95) (see para. 32)

5. Approximation of laws — Trade marks — Directive 2008/95 — Identification of the goods or services concerned by the trade mark — Use of the general indications in the headings of the classes of the Nice classification — Extent of the resulting protection — Obligation on the applicant to specify the products or services covered by his application (European Parliament and Council Directive 2008/95) (see para. 35)

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 — Criteria for assessment — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 40, 43)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 1 October 2013 (Case R 776/2011‑2), relating to opposition proceedings between Libelle AG and Chair Entertainment Group LLC.

Operative part

The Court:

1. Dismisses the action;

2. Orders Chair Entertainment Group LLC to pay, in addition to its own costs, those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);