Judgment of the General Court (Fourth Chamber) of 13 May 2016 —
Market Watch v EUIPO — Glaxo Group (MITOCHRON)
(Case T‑312/15)
EU trade mark — Opposition proceedings — Application for EU word mark MITOCHRON — Earlier national word mark MIVACRON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
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 17, 18, 36)
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 — Medicinal products (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19, 21)
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 — Word marks MITOCHRON and MIVACRON (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 21, 23, 25, 40)
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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 24)
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 — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 26)
Re:
| ACTION brought against the decision of the Second Board of Appeal of EUIPO of 20 March 2015 (Case R 507/2014-2), relating to opposition proceedings between Glaxo Group Ltd and Market Watch Franchise & Consulting, Inc. |
Operative part
The Court:
2. | | Orders Market Watch Franchise & Consulting, Inc. to pay the costs. |