Judgment of the General Court (Eighth Chamber) of 30 April 2025
Judgment of the General Court (Eighth Chamber) of 30 April 2025
Data
- Court
- General Court
- Case date
- 30 april 2025
Verdict
Judgment of the General Court (Eighth Chamber) of 30 April 2025 –
Serana Europe v EUIPO – Cytogen Produkte für Medizin + Forschung (Marrowgrow)
(Case T‑251/24)
"(EU trade mark - Opposition proceedings - Application for EU word mark Marrowgrow - Non-registered earlier signs Marrowgrow - Relative ground for refusal - Use in the course of trade of a sign of more than mere local significance - Article 8(4) of Regulation (EU) 2017/1001)"
1. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of a non-registered trade mark or of another sign used in the course of tradeConditions
(European Parliament and Council Regulation 2017/1001, Art. 8(4))
(see paragraph 14)
2. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of a non-registered trade mark or of another sign used in the course of tradeUse of the sign in the course of tradeMeaning
(European Parliament and Council Regulation 2017/1001, Arts 8(4) and 47(2) and (3))
(see paragraphs 16-18)
3. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of a non-registered trade mark or of another sign used in the course of tradeLocal significance of the signCriteria for assessmentMedical equipment
(European Parliament and Council Regulation 2017/1001, Art. 8(4))
(see paragraphs 19-22, 34, 43-46)
4. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of a non-registered trade mark or of another sign used in the course of tradeWord mark Marrowgrow and non-registered trade marks Marrowgrow
(European Parliament and Council Regulation 2017/1001, Art. 8(4))
(see paragraphs 40, 41, 47-50, 57)
5. EU trade markAppeals procedureAppeals before the Boards of AppealCompetence of the Boards of AppealRemittal to the department which was responsible for the decision appealed
(European Parliament and Council Regulation 2017/1001, Art. 71(1))
(see paragraph 61)
Operative part
The Court:
1. Dismisses the action;
2. Orders Serana Europe GmbH to bear its own costs and to pay those incurred by CYTOGEN – Produkte für Medizin + Forschung GmbH;
3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.