Information;Judgment — ECLI:EU:T:2023:673
Date: 2023-10-25
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Poland

Judgment of the General Court (Sixth Chamber) of 25 October 2023 – Olimp Laboratories v EUIPO – Schmitzer (HPU AND YOU) (Case T‑511/22) (1) (EU trade mark – Opposition proceedings – Application for EU figurative mark HPU AND YOU – Earlier EU and national figurative marks representing three hexagons – Earlier EU figurative mark OLIMP – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Family of marks – Legitimate expectations – Legal certainty) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Re-evaluation of the facts in the light of evidence produced for the first time before it – Precluded (European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraphs 18, 19) 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 – Likelihood of confusion with the earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 24-26) 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 – Similarity between the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 32, 33) 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 – Likelihood of confusion with the earlier mark – Figurative mark HPU AND YOU and figurative marks representing three hexagons (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 34, 41, 44, 50, 51, 59, 82, 83) 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 – 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 39, 47) 6. 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 – Likelihood of association – Earlier marks exhibiting characteristics enabling them to be regarded as forming part of the same series or family – Conditions (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 79, 80) 7. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a stringent and full examination in each individual case (European Parliament and Council Regulation 2017/1001) (see paragraph 94) Operative part The Court: 1. Dismisses the action; 2. Orders Olimp Laboratories sp. z o.o. to pay the costs; 3. Orders Ms Sonja Schmitzer to bear her own costs. 1 OJ C 389, 10.10.2022.