Information;Judgment — ECLI:EU:T:2021:934
Date: 2021-12-21
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Italy

Judgment of the General Court (Ninth Chamber) of 21 December 2021 – Fidia farmaceutici v EUIPO – Stelis Biopharma (HYALOSTEL ONE) (Case T‑194/21) (EU trade mark – Opposition proceedings – International figurative registration designating the European Union – Figurative mark HYALOSTEL ONE – Earlier EU word mark HYALISTIL and earlier figurative mark HyalOne – Earlier international word mark HYALO – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons) 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; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see para. 22) 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 – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 32) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 27 January 2021 (Case R 831/2020-5), relating to opposition proceedings between Fidia Farmaceutici and Stelis Biopharma. Operative part The Court: 1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 January 2021 (Case R 831/2020-5); 2. Orders EUIPO to bear its own costs and to pay those incurred by Fidia farmaceutici SpA in connection with the present proceedings.