Judgment of the General Court (Fifth Chamber) of 7 May 2019 — Sona Nutrition v EUIPO — Solgar Holdings (SOLGAR Since 1947 MultiPlus WHOLEFOOD CONCENTRATE MULTIVITAMIN FORMULA)

(Cases T‑152/18 to T‑155/18)

(EU trade mark — Opposition proceedings — Applications for EU figurative marks SOLGAR Since 1947 MultiPlus WHOLEFOOD CONCENTRATE MULTIVITAMIN FORMULA — Earlier national word mark MULTIPLUS — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001)

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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 21, 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 — Assessment of the likelihood of confusion — Determination of the relevant public — Attention level of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 24)

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 — Likelihood of confusion with the earlier mark — Figurative marks SOLGAR Since 1947 MultiPlus WHOLEFOOD CONCENTRATE MULTIVITAMIN FORMULA — Word mark MULTIPLUS (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 25, 26, 29, 30, 45, 46)

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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 27, 28)

5. 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 — Coexistence of earlier marks — Recognition of a certain degree of distinctiveness of a national mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b) and (2)(a)(ii)) (see paras 39, 40, 43, 44, 50)

6. EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Direction issued to the Office — Not included (European Parliament and Council Regulation 2017/1001, Art. 72(6)) (see para. 52)

Re

Actions brought against the decisions of the Fourth Board of Appeal of EUIPO of 20 December 2017 (Cases R 1319/2017-4, R 1321/2017-4, R 1322/2017-4 and R 1323/2017-4), relating to opposition proceedings between Sona Nutrition and Solgar Holdings.

Operative part

The Court:

1. Joins Cases T‑152/18 to T‑155/18 for the purposes of the judgment;

2. Annuls the decisions of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 December 2017 (Cases R 1319/2017-4, R 1321/2017-4, R 1322/2017-4 and R 1323/2017-4);