Judgment of the General Court (First Chamber) of 28 June 2023
Judgment of the General Court (First Chamber) of 28 June 2023
Data
- Court
- General Court
- Case date
- 28 juni 2023
Verdict
Judgment of the General Court (First Chamber) of 28 June 2023 –
UGA Nutraceuticals v EUIPO – BASF (OMEGOR VITALITY)
(Case T‑496/22)(*)
"(EU trade mark - Opposition proceedings - Application for the EU word mark OMEGOR VITALITY - Earlier EU figurative mark OMACOR - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))"
EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtAlteration of a decision of EUIPOAssessment in the light of the powers conferred on the Board of Appeal
(European Parliament and Council Regulation 2017/1001, Art. 72(3))
(see paragraph 13)
EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of 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 paragraphs 19, 20, 78)
EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markAssessment of the likelihood of confusionDetermination of the relevant publicAttention level of the publicHealth products
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paragraphs 22, 26, 27)
EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markWord mark OMEGOR VITALITY and figurative mark OMACOR
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paragraphs 28, 37, 43, 53, 60, 67, 70, 77, 84)
EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of 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 paragraphs 29, 42)
EU trade markDecisions of EUIPOLegalityEUIPO’s previous decision-making practice
(European Parliament and Council Regulation 2017/1001)
(see paragraphs 44, 64)
EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesSimilarity of the marks concernedCriteria for assessment
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paragraphs 45, 50, 52)
Operative part
The Court:
Dismisses the action;
Orders UGA Nutraceuticals Srl and the European Union Intellectual Property Office (EUIPO) to bear their own costs.