Judgment of the General Court (Third Chamber) of 3July 2013—GRE v OHIM— Villiger Söhne (LIBERTE brunes)(Case T‑78/12

Judgment of the General Court (Third Chamber) of 3July 2013—
GRE v OHIM— Villiger Söhne (LIBERTE brunes)

(Case T‑78/12)

Community trade mark— Opposition proceedings— Application for the Community figurative mark LIBERTE brunes— Earlier Community word and figurative marks La LIBERTAD— Relative ground for refusal— Likelihood of confusion— Article8(1)(b) of Regulation (EC) No207/2009

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 No207/2009, Art.8(1)(b)) (see paras19-21, 46)

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 mark LIBERTE brunes and word and figurative marks La LIBERTAD (Council Regulation No207/2009, Art.8(1)(b)) (see paras23, 25, 34, 39, 45, 48)

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 between the goods or services in question— Criteria for assessment— Complementary character of the products (Council Regulation No207/2009, Art.8(1)(b)) (see para.24)

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 No207/2009, Art.8(1)(b)) (see paras26, 27)

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— Weak distinctive character of the earlier mark— Relevance (Council Regulation No207/2009, Art.8(1)(b)) (see para.52)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 1December 2011 (Case R2109/2010-1), relating to opposition proceedings between Villiger Söhne GmbH and GRE Grand River Enterprises Deutschland GmbH.

Operative part

The Court:

1.

Dismisses the action;

2.

Orders GRE Grand River Enterprises Deutschland GmbH to pay the costs.