Judgment;Information — ECLI:EU:T:2024:580
Date: 2024-09-04
Language of the case: German
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (First Chamber) of 4 September 2024 – Galenica v EUIPO – EvivaMed Distribution (VIVORA) (Case T‑373/23) (1) ( EU trade mark – Opposition proceedings – Application for EU word mark VIVORA – Earlier word mark VERFORA – Partial rejection of the opposition – Relative ground for refusal – Likelihood of confusion – Interdependence – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001 ) 1. EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation 2017/1001 – Scope identical to that of Article 296 TFEU – Recourse by the Board of Appeal to implicit reasoning – Whether permissible – Conditions (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraphs 20, 21, 25) 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 30, 31, 44, 45, 47, 49) 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 – Word marks VIVORA and VERFORA (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 37, 50, 52, 53) 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 marks concerned – Criteria for assessment – Consideration of marketing circumstances – Precluded (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 46) Operative part The Court: 1. Dismisses the action; 2. Orders Galenica AG to bear its own costs and to pay those incurred by EvivaMed Distribution GmbH; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs. 1 OJ C 296, 21.8.2023.