Judgment — ECLI:EU:T:2016:303
Date: 2016-05-13
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Fourth Chamber) of 13 May 2016 — Market Watch v EUIPO — Glaxo Group (MITOCHRON) (Case T‑312/15) EU trade mark — Opposition proceedings — Application for EU word mark MITOCHRON — Earlier national word mark MIVACRON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation 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 17, 18, 36) 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 — Likelihood of confusion with the earlier mark — Assessment of the likelihood of confusion — Determination of the relevant public — Attention level of the public — Medicinal products (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19, 21) 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 marks MITOCHRON and MIVACRON (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 21, 23, 25, 40) 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 — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 24) 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. 26) Re: ACTION brought against the decision of the Second Board of Appeal of EUIPO of 20 March 2015 (Case R 507/2014-2), relating to opposition proceedings between Glaxo Group Ltd and Market Watch Franchise & Consulting, Inc. Operative part The Court: 1. Dismisses the action; 2. Orders Market Watch Franchise & Consulting, Inc. to pay the costs.