CELEX: 62010TJ0485
Language: en
Date: 2012-10-17
Title: Judgment of the General Court (Fifth Chamber) of 17 October 2012. # MIP Metro Group Intellectual Property GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark MISS B - Earlier national word mark miss H - Earlier international word mark Miss H - Earlier national and international figurative marks Miss H. - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-485/10.

Judgment of the General Court (Fifth Chamber) of 17 October 2012 — MIP Metro v OHIM — J.C. Ribeiro (MISS B)
      (Case T-485/10)
      Community trade mark — Opposition proceedings — Application for Community word mark MISS B — Earlier national word mark miss H — Earlier international word mark Miss H — Earlier national and international figurative marks Miss H. — Relative grounds for refusal — No 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 19-21, 48)
      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 mark MISS B — Word marks miss H and Miss H and figurative marks Miss H. (Council
            Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 23, 47, 49)
      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 para.
            25)
      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 — Possibility of a similarity between a figurative mark and a word mark (Council Regulation No 207/2009,
            Art. 8(1)(b)) (see para. 26)
      5.                     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 — Elements of a trade mark having a descriptive character (Council Regulation No 207/2009, Art. 8(1)(b))
            (see para. 27)
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 5 August 2010 (Case R 1526/2009-1) concerning
                  opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and J.C. Ribeiro, SGPS, SA.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders MIP Metro Group Intellectual Property GmbH & Co. KG to bear its own costs and to pay the costs incurred by OHIM;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders J.C. Ribeiro, SGPS, SA to pay its own costs.