Judgment;Information — ECLI:EU:T:2025:694
Date: 2025-07-09
Language of the case: English
Court formation: Sixth Chamber
Procedure: Action for annulment - unfounded
Origin: Portugal

Judgment of the General Court (Sixth Chamber) of 9 July 2025 – Sumol + Compal Marcas v EUIPO – Krynica Vitamin (FIZI AQUA) (Case T‑291/24) ( EU trade mark – Opposition proceedings – Application for EU figurative trade mark FIZI AQUA – Earlier national word mark FRIZE – Earlier national figurative mark FrizE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 ) 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 16, 64) 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 marks concerned – Criteria for assessment – Composite mark – Assessment of the distinctive character of an element of a trade mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 20, 21, 29-33, 38, 44, 59) 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 –Figurative mark FIZI AQUA – Word mark FRIZE and figurative mark FrizE (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 40, 47, 55, 60, 65-68) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs.