CELEX: 62008TJ0374
Language: en
Date: 2011-07-12 00:00:00
Title: Judgment of the General Court (First Chamber) of 12 July 2011. # Aldi Einkauf GmbH & Co. OHG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark TOP CRAFT - Earlier national figurative marks Krafft - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Genuine use of the earlier marks - Article 43(2) of Regulation No 40/94 (now Article 42(2) of Regulation No 207/2009) and Rule 22 of Regulation (EC) No 2868/95. # Case T-374/08.

Judgment of the General Court (First Chamber) of 12 July 2011 – Aldi Einkauf v OHIM – Illinois Tools Works (TOP CRAFT)
      (Case T-374/08)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark TOP CRAFT – Earlier national figurative marks Krafft – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Genuine use of the earlier marks – Article 43(2) of Regulation No 40/94 (now Article 42(2) of Regulation No 207/2009) and Rule 22 of Regulation (EC) No 2868/95
      1.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the
            earlier mark – Genuine use – Concept – Interpretation having regard to the rationale of Article 43(2) and (3) of Regulation
            No 40/94 (Council Regulation No 40/94, Art. 43(2) and (3)) (see para. 24)
      2.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the
            earlier mark – Genuine use – Concept – Criteria for assessment (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras
            25-27)
      3.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the
            earlier mark – Genuine use – Application of the criteria to the case in question (Council Regulation No 40/94, Art. 43(2)
            and (3)) (see para. 28)
      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 – Complex mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 44,
            51, 56, 64)
      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 – Likelihood
            of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 47-48, 67)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 June 2008 (Case R 952/2007-2), relating to
                  opposition proceedings between Illinois Tools Works, Inc. and Aldi Einkauf GmbH & Co. OHG.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 25 June 2008 (Case R 952/2007-2), relating to opposition proceedings between Illinois Tools Works, Inc.
                     and Aldi Einkauf GmbH & Co. OHG);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs.