Judgment of the General Court (Fourth Chamber) of 7 November 2017

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markCriteria for assessment

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 18, 65)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markAssessment of the likelihood of confusionAttention level of the publicMedicinal products

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 25-27)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markWord marks MULTIPHARMA and MUNDIPHARMA

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 28, 32, 64, 69, 70)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesSimilarity between the goods or services in questionCriteria for assessment

(Council Regulation No 207/2009, Art. 8(1)(b))

(see para 29)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesSimilarity of the marks concernedCriteria for assessmentComposite mark

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 33, 34, 36)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markSimilarity of the marks concernedAssessment of the distinctiveness of an element composing a trade mark

(Council Regulation No 207/2009, Art. 8(1)(b))

(see para 35)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markSimilarity of the marks concernedWhether conceptual differences may neutralise visual or aural similaritiesConditions

(Council Regulation No 207/2009, Art. 8(1)(b))

(see para 54)

Re:

ACTION brought against the decision of the First Board of Appeal of EUIPO of 22 January 2016 (Case R 2950/2014-1) concerning opposition proceedings between Mundipharma and Multipharma.

Operative part

The Court:

Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 January 2016 (Case R 2950/2014-1);

Orders EUIPO to bear its own costs and to pay the costs incurred by Mundipharma AG, including the costs necessarily incurred by Mundipharma for the purposes of the proceedings before the Board of Appeal of EUIPO;

Orders Multipharma SA to bear its own costs.