# C_2020423EN.01003402.xml

| 7.12.2020 | EN | Official Journal of the European Union | C 423/34 |
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7.12.2020

EN

Official Journal of the European Union

C 423/34

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Judgment of the General Court of 5 October 2020 — SBS Bilimsel Bio Çözümler v EUIPO — Laboratorios Ern (apiheal)

(Case T-53/19) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark apiheal - Earlier national word mark APIRETAL - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

(2020/C 423/50)

Language of the case: Spanish

Parties

Applicant: SBS Bilimsel Bio Çözümler Sanayi Ve Ticaret AŞ (Istanbul, Turkey) (represented by: M. López Camba, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Laboratorios Ern, SA (Barcelona, Spain) (represented by: S. Correa Rodríguez, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 November 2018 (Case R 1725/2017-4), relating to opposition proceedings between Laboratorios Ern and SBS Bilimsel Bio Çözümler Sanayi Ve Ticaret.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 November 2018 (Case R 1725/2017-4) as regards ‘Pharmaceutical and veterinary preparations for medical purposes; chemical preparations for medical and veterinary purposes, chemical reagents for pharmaceutical and veterinary purposes; dietary supplements for pharmaceutical and veterinary purposes; dietary supplements; nutritional supplements; medical preparations for slimming purposes; food for babies; herbs and herbal beverages adapted for medicinal purposes; herbal supplements; herbal creams for medical purposes; herbal creams for medical use; herbal teas for medicinal purposes; liquid herbal supplements; teeth filling material, dental impression material, dental adhesives and material for repairing teeth; sanitary preparations for medical use; hygienic pads; hygienic tampons; plasters; materials for dressings; diapers, including those made of paper and textiles; fungicides; disinfectants; antiseptics; detergents for medical purposes’ in Class 5 and ‘bee glue for human consumption, propolis, propolis for human consumption’ in Class 30; |
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1.

Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 November 2018 (Case R 1725/2017-4) as regards ‘Pharmaceutical and veterinary preparations for medical purposes; chemical preparations for medical and veterinary purposes, chemical reagents for pharmaceutical and veterinary purposes; dietary supplements for pharmaceutical and veterinary purposes; dietary supplements; nutritional supplements; medical preparations for slimming purposes; food for babies; herbs and herbal beverages adapted for medicinal purposes; herbal supplements; herbal creams for medical purposes; herbal creams for medical use; herbal teas for medicinal purposes; liquid herbal supplements; teeth filling material, dental impression material, dental adhesives and material for repairing teeth; sanitary preparations for medical use; hygienic pads; hygienic tampons; plasters; materials for dressings; diapers, including those made of paper and textiles; fungicides; disinfectants; antiseptics; detergents for medical purposes’ in Class 5 and ‘bee glue for human consumption, propolis, propolis for human consumption’ in Class 30;

| 2. | Dismisses the action as to the remainder; |
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2.

Dismisses the action as to the remainder;

| 3. | Orders EUIPO to bear its own costs and to pay those incurred by SBS Bilimsel Bio Çözümler Sanayi Ve Ticaret AŞ; |
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3.

Orders EUIPO to bear its own costs and to pay those incurred by SBS Bilimsel Bio Çözümler Sanayi Ve Ticaret AŞ;

| 4. | Orders Laboratorios Ern, SA to bear its own costs. |
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4.

Orders Laboratorios Ern, SA to bear its own costs.

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(1)  OJ C 103, 18.3.2019.

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