Information;Judgment — ECLI:EU:T:2025:989
Date: 2025-10-29
Language of the case: English
Court formation: First Chamber
Procedure: Action for annulment
Origin: Poland

Judgment of the General Court (First Chamber) of 29 October 2025 – Homestar v EUIPO – General Sanitary (THERMATEC) (Case T‑611/24) ( EU trade mark – Opposition proceedings – Application for EU figurative mark THERMATEC – Earlier EU figurative mark Termatek – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 ) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the lawfulness of decisions of the Boards of Appeal – Annulment or alteration for reasons appearing after the decision was adopted – Precluded (European Parliament and Council Regulation 2017/1001, Arts 72(2) and 95) (see paragraph 15) 2. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the facts in the light of evidence produced for the first time before it – Precluded (Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraph 16) 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 – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 21, 22, 43, 44, 49-51, 55, 56) 4. 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 goods or services concerned – Criteria for assessment – Complementary nature of the goods or services (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 25, 33, 35, 36) 5. 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 THERMATEC and figurative mark Termatek (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 37-39, 52, 53, 57-59) Operative part The Court: 1. Dismisses the action; 2. Orders Homestar sp. z o.o. and the European Union Intellectual Property Office (EUIPO) each to bear their own costs.