B9 9932. Gerecht EU, 13 Juli 2011, zaak T‑88/10, Inter IKEA Systems BV tegen OHIM/ Meteor Controls International Ltd.
Merkenrecht. Oppositieprocedure o.g.v. ouder Gemeenschapswoordmerk GLANZ tegen aanvraag woordmerk GLÄNSA (apparatuur). Oppositie toegewezen. " Even if it were proved that the earlier mark has a weak distinctive character, that would concern only the German-speaking part of the European Union."
48. It follows that, considered cumulatively, the degree of similarity between the trade marks at issue and the degree of similarity between the goods covered by those marks are sufficiently high. The Board of Appeal was therefore correct in holding that there was a likelihood of confusion between the signs at issue.
49. The argument put forward by Inter IKEA Systems that the earlier mark has a weak distinctive character, because it would be understood as meaning ‘gloss, lustre, radiance, brilliance, etc’ does not weaken that conclusion.
50. In that connection, it must be observed that, even if it were proved that the earlier mark has a weak distinctive character, that would concern only the German-speaking part of the European Union.
51. As it is, it should be borne in mind that, according to the line of authority referred to in paragraph 38 above, where the earlier mark upon which the opposition is founded is a Community mark, it does not follow from Article 8(1)(b) of Regulation No 207-2009 that, for a mark to be refused registration as a Community trade mark under that provision, the likelihood of confusion must exist in all Member States and in all linguistic areas of the European Union.
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