Case C-383/12 P: Judgment of the Court (Fifth Chamber) of 14 November 2013 — Environmental Manufacturing LLP v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Société Elmar Wolf (Appeal — Community trade mark — Opposition proceedings — Figurative mark representing a wolf’s head — Opposition by the proprietor of the national and international figurative marks containing the word elements ‘WOLF Jardin’ and ‘Outils WOLF’ — Relative grounds for refusal — Detriment to the distinctive character of the earlier mark — Regulation (EC) No 207/2009 — Article 8(5) — Change in the economic behaviour of the average consumer — Burden of proof)
Date: 2013-11-14
Institutions: Court of Justice
Subjects: EU trade mark, consumer protection, machine-tool industry, registered trade mark, trade-mark law








C_2014009EN.01001102.xml










11.1.2014   


EN


Official Journal of the European Union


C 9/11





Judgment of the Court (Fifth Chamber) of 14 November 2013 — Environmental Manufacturing LLP v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Société Elmar Wolf
(Case C-383/12 P) (1)

(Appeal - Community trade mark - Opposition proceedings - Figurative mark representing a wolf’s head - Opposition by the proprietor of the national and international figurative marks containing the word elements ‘WOLF Jardin’ and ‘Outils WOLF’ - Relative grounds for refusal - Detriment to the distinctive character of the earlier mark - Regulation (EC) No 207/2009 - Article 8(5) - Change in the economic behaviour of the average consumer - Burden of proof)
2014/C 9/16
Language of the case: English

Parties


Appellant: Environmental Manufacturing LLP (represented by: M. Atkins, Solicitor, K. Shadbolt, Advocate, and S. Malynicz, Barrister)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), Société Elmar Wolf

Re:

Appeal against the judgment of the General Court (Fourth Chamber) of 22 May 2012 in Case T-570/10 Environmental Manufacturing v OHIM — Wolf, by which the General Court dismissed an action for annulment brought by the applicant for the figurative mark representing a wolf’s head, in respect of goods in Class 7, against Decision R 425/2010-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM), of 6 October 2010, annulling the decision of the Opposition Division dismissing the opposition brought by the proprietor of the national and international figurative marks containing the word elements ‘WOLF Jardin’ and ‘Outils WOLF’, in respect of goods in Classes 1, 5, 7, 8, 12, 13 and 31 — Interpretation of Article 8(5) of Regulation (EC) No 207/2009 — Relative grounds for refusal — Detriment to the distinctive character or reputation of the earlier mark

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 22 May 2012 in Case T 570/10 Environmental Manufacturing v OHIM — Wolf (Representation of a wolf’s head) [2012] ECR II 0000;










2.


Refers the case back to the General Court of the European Union;










3.


Reserves the costs.






(1)  OJ C 331, 27.10.2012.