Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Sixth Chamber) of 27 February 2015 —

Bayer Intellectual Property v OHIM — Interhygiene (INTERFACE)

(Case T‑227/13)

‛Community trade mark — Opposition proceedings — Application for Community word mark INTERFACE — Earlier Community word mark Interfog — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — 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 14-17, 50, 55) |

| 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 — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 26) |

| 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 marks INTERFACE and Interfog (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 28, 36-49, 53-55) |

| 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 — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 29-31) |

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2013 (Case R 1688/2011-4), relating to opposition proceedings between Interhygiene GmbH and Bayer Intellectual Property GmbH.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Bayer Intellectual Property GmbH to pay the costs. |

[Top](#document1)