Judgment of the General Court (Tenth Chamber) of 15 October 2020
Judgment of the General Court (Tenth Chamber) of 15 October 2020
Data
- Court
- General Court
- Case date
- 15 oktober 2020
Verdict
Judgment of the General Court (Tenth Chamber) of 15 October 2020 –
Laboratorios Ern v EUIPO – Bio-tec Biologische Naturverpackungen (BIOPLAST BIOPLASTICS FOR A BETTER LIFE)
(Case T‑2/20)
"(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark BIOPLAST BIOPLASTICS FOR A BETTER LIFE - Earlier national word mark BIOPLAK - Relative ground for refusal - No 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 15, 16, 69, 70, 79)
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 BIOPLAST BIOPLASTICS FOR A BETTER LIFE and word mark BIOPLAK
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 17, 30, 35, 36, 49, 56, 67, 68, 71, 80)
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 assessmentComplementary nature of the goods
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 20, 21, 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 assessment
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 37, 38, 62)
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 markLikelihood of associationEarlier marks exhibiting characteristics enabling them to be regarded as forming part of the same series or familyConditions
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 77, 78)
EU trade markDecisions of the OfficeLegalityExamination by the EU judicatureCriteria
(European Parliament and Council Regulation 2017/1001)
(see para. 81)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 October 2019 (Case R 418/2019-5), relating to opposition proceedings between Laboratorios Ern and Bio-tec Biologische Naturverpackungen.
Operative part
The Court:
Dismisses the action;
Orders Laboratorios Ern, SA to pay the costs.