Judgment of the General Court (Ninth Chamber) of 12 December 2014 —
Selo Medical v OHIM — biosyn Arzneimittel (SELOGYN)
(Case T‑173/13)
Community trade mark — Opposition proceedings — Application for Community word mark SELOGYN — Earlier national word mark SELESYN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Refusal to register
1. Community trade mark — Definition and acquisition of the Community 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 14, 15, 71)
2. Community trade mark — Definition and acquisition of the Community 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 23)
3. Community trade mark — Definition and acquisition of the Community 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 — Attention level of the public — Medicinal products (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 25)
4. Community trade mark — Definition and acquisition of the Community 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 products concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31, 34)
5. Community trade mark — Definition and acquisition of the Community 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 41)
6. Community trade mark — Definition and acquisition of the Community 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 (Council Regulation No 207/2009, Arts 7(1)(b), and 8(1)(b), and (2)(a)(ii)) (see para. 66)
7. Community trade mark — Definition and acquisition of the Community 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 marks SELOGYN and SELESYN (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 72, 74-78)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 21 January 2013 (Case R 2601/2011‑4), relating to opposition proceedings between biosyn Arzneimittel GmbH and Selo Medical GmbH. |
Operative part
The Court:
2. | | Orders Selo Medical GmbH to pay the costs. |