Judgment of the General Court (Ninth Chamber) of 28 May 2020
Judgment of the General Court (Ninth Chamber) of 28 May 2020
Data
- Court
- General Court
- Case date
- 28 mei 2020
Verdict
Judgment of the General Court (Ninth Chamber) of 28 May 2020 –
Ntolas v EUIPO – General Nutrition Investment (GN GENETIC NUTRITION LABORATORIES)
(Case T‑333/19)
"(EU trade mark - Opposition proceedings - Application for EU figurative mark GN GENETIC NUTRITION LABORATORIES - Earlier EU word mark GNC - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)"
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
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 19, 20, 55-57, 59)
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 GN GENETIC NUTRITION LABORATORIES and word mark GNC
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 22, 23, 34, 44, 49, 58)
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
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see para. 24)
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
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 35, 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 servicesSimilarity of the marks concernedPossibility of a visual similarity between a figurative mark and a word mark
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see para. 40)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 11 March 2019 (Case R 1343/2017-5), relating to opposition proceedings between General Nutrition Investment and Mr Ntolas.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mr Christos Ntolas to bear his own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by General Nutrition Investment Co.