Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Ninth Chamber) of 14 June 2018 –  
Emcur v EUIPO — Emcure Pharmaceuticals (EMCURE)

(Case T‑165/17)

(EU trade mark — Opposition proceedings — Application for EU word mark EMCURE — Earlier EU and national word marks EMCUR — Relative ground for refusal — Similarity of the goods and services — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now 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  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 16, 19) |

| 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  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 17, 18) |

| 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. 29) |

| 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 between the goods or services in question—Complementary nature of the goods or services—Perception by the relevant public of the importance of a product or service for the use of another product or service  (Council Regulation No 207/2009, Art. 8(1)(b))  (see para. 30) |

| 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—Word mark EMCURE and word marks EMCUR  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 66, 67) |

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 13 December 2016 (Case R 790/2016-2), concerning opposition proceedings between Emcur Gesundheitsmittel aus Bad Ems and Emcure Pharmaceuticals.

Operative part

The Court:

| 1. | Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office of 13 December 2016 (Case R 790/2016-2) in so far as it concerns the services in Classes 42 and 44 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended; |

| 2. | Dismisses the action as to the remainder; |

| 3. | Orders EUIPO and Emcur Gesundheitsmittel aus Bad Ems GmbH to bear their own costs. |

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