Information;Judgment — ECLI:EU:T:2025:1051
Date: 2025-11-19
Language of the case: German
Court formation: Seventh Chamber
Procedure: Action for annulment
Origin: Austria

Judgment of the General Court (Seventh Chamber) of 19 November 2025 – +pharma arzneimittel v EUIPO – PlusQuam Pharma (PlusQuam +PHARMA) (Case T‑645/24) ( EU trade mark – Opposition proceedings – Application for EU figurative mark PlusQuam +PHARMA – Earlier national word mark +PHARMA – Relative grounds for refusal – Article 8(1)(b) and (5) of Regulation 2017/1001 – Enhanced distinctiveness of the earlier mark through use – Reputation – Proof of use ) 1. 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 – Distinctiveness or reputation of the earlier mark – Effect (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b) and (5)) (see paragraphs 16, 17, 21, 22) 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 – Refusal to register where there is a relative ground for refusal, even if limited to part of the Union (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 18) 3. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Use of the mark in a form differing in elements which do not alter the distinctive character of the mark – Subject matter and material scope of Article 18(1)(a) of Regulation 2017/1001 – Examination of alteration of distinctive character (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 47(2) and (3)) (see paragraphs 33-36, 47) 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 PlusQuam +PHARMA and word mark +PHARMA (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 39, 41-46, 51, 61) 5. EU trade mark – Appeals procedure – Action before the EU judicature – Power of the General Court to alter the contested decision – Limits (European Parliament and Council Regulation 2017/1001, Art. 72(2) and (3)) (see paragraph 54) Operative part The Court: 1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 November 2024 (Case R 1217/2024-2); 2. Dismisses the action as to the remainder; 3. Orders EUIPO to bear its own costs and to pay those incurred by +pharma arzneimittel GmbH.