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Document 62019TO0214
Order of the General Court (Second Chamber) of 7 February 2020.
Fleximed AG v European Union Intellectual Property Office.
EU trade mark — Invalidity proceedings — EU word mark Fleximed — Earlier EU word mark mediFLEX — Relative grounds for refusal — Likelihood of confusion — Article 8(1) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law.
Case T-214/19.
Order of the General Court (Second Chamber) of 7 February 2020.
Fleximed AG v European Union Intellectual Property Office.
EU trade mark — Invalidity proceedings — EU word mark Fleximed — Earlier EU word mark mediFLEX — Relative grounds for refusal — Likelihood of confusion — Article 8(1) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law.
Case T-214/19.
ECLI identifier: ECLI:EU:T:2020:40
Order of the General Court (Second Chamber) of 7 February 2020 –
Fleximed v EUIPO — docPrice (Fleximed)
(Case T‑214/19)
(EU trade mark — Invalidity proceedings — EU word mark Fleximed — Earlier EU word mark mediFLEX — Relative grounds for refusal — Likelihood of confusion — Article 8(1) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law)
1. |
Judicial proceedings — Decision taken by way of reasoned order — Possibility of ruling without an oral procedure — Action manifestly lacking any foundation in law (Rules of Procedure of the General Court, Art. 126) (see para. 15) |
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 — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 20, 50, 51, 62) |
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 — 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 paras 21, 61) |
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 — Assessment of the likelihood of confusion — Determination of the relevant public — Attention level of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 23, 24, 58, 59) |
5. |
EU trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Existence of an identical or similar earlier mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Word marks Fleximed and mediFLEX (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paras 24, 25, 27, 37, 43, 48, 49, 55-57, 60) |
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 between the goods or services in question — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 26) |
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 — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 28, 31, 42, 47) |
8. |
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 — Assessment of the distinctive character of an element of which a trade mark is composed (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 29, 30) |
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 February 2019 (case R 1121/2018-4), relating to invalidity proceedings between docPrice and Fleximed.
Operative part
1. |
The action is dismissed as manifestly lacking any foundation in law. |
2. |
Fleximed AG is ordered to pay the costs. |