Information;Judgment — ECLI:EU:T:2021:719
Date: 2021-10-20
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Summary of the pleas in law on which the application is based – Application not sufficiently clear and precise – Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see para. 31) 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 – Figurative marks Vital like nature and Vital (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 46-48, 51, 52, 55, 57, 58, 74-76) 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 – Weak distinctive character of the earlier mark – Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 62-65) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 9 March 2020 (Case R 1279/2019-2) relating to opposition proceedings between Raisioaqua and St. Hippolyt Holding. Operative part The Court: 1. Dismisses the action; 2. Orders St. Hippolyt Holding GmbH to pay the costs.