Information;Judgment — ECLI:EU:T:2020:232
Date: 2020-05-28
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Ninth Chamber) of 28 May 2020 – Ntolas v EUIPO – General Nutrition Investment (GN GENETIC NUTRITION LABORATORIES) (Case T‑333/19) (EU trade mark – Opposition proceedings – Application for EU figurative mark GN GENETIC NUTRITION LABORATORIES – Earlier EU word mark GNC – Relative ground for refusal – 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 earlier identical or similar mark registered for 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 paras 19, 20, 55-57, 59) 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 – Figurative mark GN GENETIC NUTRITION LABORATORIES and word mark GNC (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 22, 23, 34, 44, 49, 58) 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 – Similarity between the goods or services in question – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 24) 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 – Composite mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 35, 36) 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 – Possibility of a visual similarity between a figurative mark and a word mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 40) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 11 March 2019 (Case R 1343/2017-5), relating to opposition proceedings between General Nutrition Investment and Mr Ntolas. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Mr Christos Ntolas to bear his own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by General Nutrition Investment Co.