Judgment — ECLI:EU:T:2016:262
Date: 2016-05-03
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Third Chamber) of 3 May 2016 — Laboratorios Ern v EUIPO — Werner (Dynamic Life) (Case T‑454/15) EU trade mark — Opposition proceedings — Application for EU figurative mark Dynamic Life — Earlier national word mark DYNAMIN — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) 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 15, 16, 45, 46) 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 Dynamic Life and word mark DYNAMIN (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 17, 27, 50) 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 18) 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 28, 29, 37) 5. EU trade mark — Definition and acquisition of the EU trade mark — Assessment of the registrability of a sign — EU rules only taken into account — Decisions by national authorities not binding on EU bodies (Council Regulation No 207/2009) (see para. 35) Re: ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 27 May 2015 (Case R 441/2014-4), relating to opposition proceedings between Laboratorios Ern and Mr Werner. Operative part The Court: 1. Dismisses the action; 2. Orders Laboratorios Ern, SA, to pay the costs.