CELEX: 62014CA0020
Language: en
Date: 2015-10-22 00:00:00
Title: Case C-20/14: Judgment of the Court (First Chamber) of 22 October 2015 (request for a preliminary ruling from the Bundespatentgericht — Germany) — BGW Beratungs-Gesellschaft Wirtschaft mbH, formerly BGW Marketing- & Management-Service GmbH v Bodo Scholz (Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Further grounds for refusal or invalidity — Word mark — Same letter sequence as an earlier trade mark — Addition of a descriptive word combination — Existence of a likelihood of confusion)

14.12.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 414/3
            
         Judgment of the Court (First Chamber) of 22 October 2015 (request for a preliminary ruling from the Bundespatentgericht — Germany) — BGW Beratungs-Gesellschaft Wirtschaft mbH, formerly BGW Marketing- & Management-Service GmbH v Bodo Scholz
   (Case C-20/14) (1)
   
   ((Reference for a preliminary ruling - Trade marks - Directive 2008/95/EC - Further grounds for refusal or invalidity - Word mark - Same letter sequence as an earlier trade mark - Addition of a descriptive word combination - Existence of a likelihood of confusion))
   (2015/C 414/03)
   Language of the case: German
   
      Referring court
   
   Bundespatentgericht
   
      Parties to the main proceedings
   
   
      Applicant: BGW Beratungs-Gesellschaft Wirtschaft mbH, formerly BGW Marketing- & Management-Service GmbH
   
      Defendant: Bodo Scholz
   
      Operative part of the judgment
   
   Article 4(1)(b) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that, in the case of identical or similar goods and services, there may be a likelihood of confusion on the part of the relevant public between an earlier mark consisting of a letter sequence, which is distinctive and is the dominant element in that mark of average distinctiveness, and a later mark which reproduces that letter sequence and to which is added a descriptive combination of words, the initial letters of which correspond to the letters of that sequence, with the result that that sequence is perceived by that public as the acronym of that combination of words.
   
      (1)  OJ C 129, 28.4.2014.