Judgment of the General Court (Sixth Chamber) of 17 January 2024

1. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtReview of the lawfulness of decisions of the Boards of AppealAnnulment or variation for reasons appearing after judgment was deliveredNot included

(European Parliament and Council Regulation 2017/1001, Arts 72(2) and 95)

(see paragraph 16)

2. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtRe-evaluation of the facts in the light of evidence produced for the first time before itNot included

(Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Art. 72(1))

(see paragraph 17)

3. 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 21, 87-89)

4. 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 marks concernedCriteria for assessmentComposite markAssessment of the distinctive character of an element of a trade mark

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see paragraphs 27, 28, 34-36, 38, 39, 93, 94)

5. EU trade markDecisions of EUIPOLegalityExamination by the EU judicatureCriteria

(European Parliament and Council Regulation 2017/1001)

(see paragraph 77)

6. 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 marks BIOPÔLE and AGUA BIOPOLAR

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see paragraphs 90-92, 95-97)

Operative part

The Court:

1. Dismisses the action;

2. Orders Ona Investigación, SL and the European Union Intellectual Property Office (EUIPO) to each bear their own costs.