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Case C-603/14 P: Judgment of the Court (Ninth Chamber) of 10 December 2015 — El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Application for the word mark The English Cut — Opposition by the proprietor of the national and Community word and figurative marks including the word elements ‘El Corte Inglés’ — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Article 8(5) — Risk that the relevant public will make a connection with a trade mark which has a reputation — Degree of similarity required)
ECLI:EU:UNKNOWN:62014CA0603
62014CA0603
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Official Journal of the European Union
C 48/6
(Case C-603/14 P) (<span class="super">1</span>)
((Appeal - Community trade mark - Application for the word mark The English Cut - Opposition by the proprietor of the national and Community word and figurative marks including the word elements ‘El Corte Inglés’ - Regulation (EC) No 207/2009 - Article 8(1)(b) - Likelihood of confusion - Article 8(5) - Risk that the relevant public will make a connection with a trade mark which has a reputation - Degree of similarity required))
(2016/C 048/08)
Language of the case: Spanish
Parties
Appellant: El Corte Inglés, SA (represented by: J. Rivas Zurdo, abogado)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 15 October 2014 in El Corte Inglés v OHIM — English Cut (The English Cut) (T-515/12, EU:T:2014:882) in so far as it was held in that judgment that it was apparent from the fact that the degree of similarity between the signs at issue was not sufficient to result in the application of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark that the conditions for the application of Article 8(5) of that regulation were therefore also not satisfied in the present case;
2.Dismisses the appeal as to the remainder;
3.Refers the case back to the General Court of the European Union;
4.Reserves the costs.
(<span class="super">1</span>) OJ C 107, 30.3.2015.