Judgment of the General Court (Second Chamber) of 2 March 2022
Judgment of the General Court (Second Chamber) of 2 March 2022
Data
- Court
- General Court
- Case date
- 2 maart 2022
Verdict
Judgment of the General Court (Second Chamber) of 2 March 2022 –
Degode v EUIPO – Leo Pharma (Skinovea)
(Case T‑715/20)(1)
"(EU trade mark - Opposition proceedings - Application for the EU word mark Skinovea - Earlier national word mark SKINOREN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)"
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
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 16, 17, 96)
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 markAssessment of the likelihood of confusionDetermination of the relevant publicAttention level of the public
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 19, 22)
3. 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 or services
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 24-26, 39, 52)
4. 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 55, 56, 60, 89)
5. 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 concernedAssessment of the distinctive character of an element of which a trade mark is composed
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 58, 67)
6. 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 Skinovea and SKINOREN
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 97-100)
Operative part
The Court:
1. Dismisses the action;
2. Orders Degode-Dermago Development GmbH to pay the costs.