Judgment of the General Court (First Chamber) of 3 February 2017 — Kessel medintim v EUIPO — Janssen-Cilag (Premeno)
(Case T‑509/15)
(EU trade mark — Opposition proceedings — Application for the EU word mark Premeno — Earlier national word mark Pramino — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Decision taken following the annulment by the General Court of an earlier decision — Right to be heard — Article 75 of Regulation No 207/2009)
1. EU trade mark — Procedural provisions — Decisions of the Office — Observance of the rights of the defence — Scope of the principle
(Council Regulation No 207/2009, Art. 75, second sentence)
(see paras 22, 23)
2. EU trade mark — Appeals procedure — Action before the EU judicature — Implementation of a judgment annulling a decision adopted by a Board of Appeal — New examination of the appeal — Observance of the rights of the defence
(Council Regulation No 207/2009, Art. 75, second sentence)
(see paras 25, 26, 28)
3. Actions for annulment — Judgment annulling a measure — Effects — Obligation to implement — Scope — Both the operative part and the grounds of the judgment to be taken into account
(Art. 266 TFEU)
(see para. 32)
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 — Likelihood of confusion with the earlier mark — Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 41-43, 72)
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 between the goods or services in question — Criteria for assessment — Complementary nature of the goods — Medicinal products
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 59, 60)
6. 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 Premeno and Pramino
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 69, 71, 76, 77)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 2 July 2015 (Case R 349/2015-4), relating to opposition proceedings between Janseen-Cilag and Kessel medintim. |
Operative part
The Court:
2. | | Orders Kessel medintim GmbH to pay the costs. |