This document is an excerpt from the EUR-Lex website
Document 62022TJ0543
Judgment of the General Court (Eighth Chamber) of 7 June 2023.
Laboratorios Ern, SA v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for EU word mark BIOPLAN – Earlier national word mark BIOPLAK – Relative ground for refusal – No similarity between the goods – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-543/22.
Judgment of the General Court (Eighth Chamber) of 7 June 2023.
Laboratorios Ern, SA v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for EU word mark BIOPLAN – Earlier national word mark BIOPLAK – Relative ground for refusal – No similarity between the goods – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-543/22.
Court reports – general
ECLI identifier: ECLI:EU:T:2023:320
Judgment of the General Court (Eighth Chamber) of 7 June 2023 –
Laboratorios Ern v EUIPO – BRM Extremities (BIOPLAN)
(Case T‑543/22) ( 1 )
(EU trade mark – Opposition proceedings – Application for EU word mark BIOPLAN – Earlier national word mark BIOPLAK – Relative ground for refusal – No similarity between the goods – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001)
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1. |
EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of 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 paragraphs 19, 20) |
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2. |
EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of 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 paragraphs 24, 27, 36, 37) |
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3. |
EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Word marks BIOPLAN and BIOPLAK (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 25, 26, 28, 29) |
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4. |
EU trade mark – Decisions of EUIPO – Legality – EUIPO’s previous decision-making practice (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 40) |
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders each party to bear its own costs. |
( 1 ) OJ C 408, 24.10.2022.