Judgment of the General Court (Eighth Chamber) of 7 February 2019

1. 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 27-30)

2. 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 markFigurative mark Dr. Jacob’s essentialsWord mark COMPAL ESSENCIAL and figurative marks FRUTA essencial and Compal FRUTA essencial

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

(see paras 34-37)

Re:

Action for annulment of the decision of the Fifth Board of Appeal of EUIPO of 11 July 2017 (Case R 2067/2016-5), relating to opposition proceedings between Sumol + Compal Marcas and Mr Jacob.

Operative part

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 July 2017 (Case R 2067/2016-5);

2. Orders EUIPO to pay, in addition to its own costs, those incurred by Sumol + Compal Marcas, SA;

3. Orders Mr Ludwig Manfred Jacob to bear his own costs.