This document is an excerpt from the EUR-Lex website
Document 62021TJ0192
Judgment of the General Court (Second Chamber) of 2 March 2022.
Laboratorios Ern, SA v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for the EU word mark META – Earlier national word mark METALGIAL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-192/21.
Judgment of the General Court (Second Chamber) of 2 March 2022.
Laboratorios Ern, SA v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for the EU word mark META – Earlier national word mark METALGIAL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-192/21.
Court reports – general
ECLI identifier: ECLI:EU:T:2022:105
Judgment of the General Court (Second Chamber) of 2 March 2022 –
Laboratorios Ern v EUIPO – Beta Sports (META)
(Case T‑192/21) ( 1 )
(EU trade mark – Opposition proceedings – Application for the EU word mark META – Earlier national word mark METALGIAL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001)
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1. |
EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Re-evaluation of the facts in the light of evidence produced for the first time before it – Precluded (European Parliament and Council Regulation 2017/1001, Art. 72) (see para. 16) |
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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 21, 22, 62) |
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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 – Attention level of the public – Goods that may have an impact on health (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 24-26) |
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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. 29) |
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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 32, 33, 35, 37) |
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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 – Word marks META and METALGIAL (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 66-72) |
Operative part
The Court:
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Dismisses the action; |
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Orders Laboratorios Ern, SA to pay the costs. |
( 1 ) OJ C 217, 7.6.2021.