Judgment of the General Court (Third Chamber) of 24 October 2019.MSI Svetovanje, marketing, d.o.o. v European Union Intellectual Property Office.EU trade mark — Opposition proceedings — Application for the EU figurative mark nume — Earlier EU word mark numederm — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001.Case T-41/19.

Judgment of the General Court (Third Chamber) of 24 October 2019 –MSI Svetovanje v EUIPO — Industrial Farmaceutica Cantabria (nume)

(Case T‑41/19)

(EU trade mark — Opposition proceedings — Application for the EU figurative mark nume — Earlier EU word mark numederm — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)

1. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment

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

(see paras 23, 24, 85)

2. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Refusal to register where there is a relative ground for refusal, even if limited to part of the Union

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

(see para. 25)

3. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Assessment of the likelihood of confusion — Determination of the relevant public — Attention level of the public — Medicinal products

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

(see paras 26, 28)

4. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Figurative mark nume and word mark numederm

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

(see paras 32, 33, 58, 73, 77, 78, 82-84, 86, 87)

5. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity between the goods or services in question — Criteria for assessment

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

(see paras 34, 41, 47, 48)

6. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment

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

(see paras 59, 68, 72)

7. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Breakdown of a word sign into word elements having concrete significance

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

(see para. 64)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 8 November 2018 (Case R 722/2018-5), relating to opposition proceedings between Industrial Farmaceutica Cantabria and Nutrismart d.o.o.

Operative part

The Court:

1. Dismisses the action;

2. Orders MSI Svetovanje, marketing, d.o.o. to pay the costs.