This document is an excerpt from the EUR-Lex website
Document 62015TJ0632
Judgment of the General Court (Fifth Chamber) of 21 June 2017.
Tillotts Pharma AG v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for EU word mark OCTASA — Prior German and Benelux word marks PENTASA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009.
Case T-632/15.
Judgment of the General Court (Fifth Chamber) of 21 June 2017.
Tillotts Pharma AG v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for EU word mark OCTASA — Prior German and Benelux word marks PENTASA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009.
Case T-632/15.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Fifth Chamber) of 21 June 2017 —
Tillotts Pharma v EUIPO — Ferring (OCTASA)
(Case T‑632/15)
(EU trade mark — Opposition proceedings — Application for EU word mark OCTASA — Prior German and Benelux word marks PENTASA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
|
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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 26, 58, 74) |
|
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 — Earlier trade mark constituted by an EU trade mark — Refusal to register on a ground relating to refusal even limited to part of the Union (Council Regulation No 207/2009, 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 — Word mark OCTASA — Word mark PENTASA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 35, 36, 38, 39, 72, 75) |
|
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 — Pharmaceutical products (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 36-38) |
|
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 of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 40) |
Re:
ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 7 September 2015 (Case R 2386/2014-4) concerning opposition proceedings between Ferring and Tillotts Pharma.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Tillotts Pharma AG to pay the costs. |