Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Eighth Chamber) of 7 February 2013 — AMC-Representações Têxteis v OHIM — MIP Metro (METRO KIDS COMPANY)

(Case T-50/12)

‛Community trade mark — Opposition proceedings — Application for Community figurative mark METRO KIDS COMPANY — Earlier international figurative mark METRO — 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 18-22, 49, 58, 59) |

| 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 marks METRO KIDS COMPANY and METRO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24-26, 33-63) |

| 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 paras 27-29) |

| 4. | Community trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria (Council Regulation No 207/2009) (see para. 45) |

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 24 November 2011 (Case R 2314/2010-1), concerning opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and AMC-Representações Têxteis Lda.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders AMC-Representações Têxteis Lda to pay the costs. |

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