Judgment;Information — ECLI:EU:T:2020:597
Date: 2020-12-09
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: United Kingdom

Judgment of the General Court (Sixth Chamber) of 9 December 2020 – Almea v EUIPO – Sanacorp Pharmahandel (Almea) (Case T‑190/20) (EU trade mark – Opposition proceedings – Application for EU figurative mark Almea – Earlier national word mark MEA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now 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 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 19, 20, 53) 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 – Similarity of the marks concerned – Criteria for assessment – Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 26) 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 mark Almea and word mark MEA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22-24, 32-34, 38, 41, 45-47, 49, 50, 55, 56) 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 of the marks concerned – Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 48) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 15 January 2020 (Case R 246/2019-2), relating to opposition proceedings between Sanacorp Pharmahandel and Almea. Operative part The Court: 1. Dismisses the action; 2. Orders Almea Ltd to pay the costs.