Judgment of the General Court (Eighth Chamber) of 30 April 2025

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.