Galenica v EUIPO - EvivaMed Distribution (VIVORA) (EU trade mark - Judgment) French Text [2024] EUECJ T-373/23 (04 September 2024)

Galenica v EUIPO - EvivaMed Distribution (VIVORA) (EU trade mark - Judgment) French Text [2024] EUECJ T-373/23 (04 September 2024)

The Board of Appeal did not fail in its obligation to state reasons, as the degree of similarity between the relevant goods was sufficiently addressed and the applicant had not previously argued for a higher degree of similarity. The Board of Appeal correctly applied the principle of interdependence, giving due...

Source-derived case information.

Citation
[2024] EUECJ T-373/23
Parties
Applicant: Galenica AG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: EvivaMed Distribution GmbH
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
EU Trade Mark Opposition, Likelihood of Confusion, Obligation to State Reasons, Principle of Interdependence
Intellectual Property European Union Law EU Trade Mark Opposition Likelihood of Confusion Obligation to State Reasons Principle of Interdependence

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Parties

Galenica AG

Applicant

Office de l’Union européenne pour la propriété intellectuelle (EUIPO)

Respondent

EvivaMed Distribution GmbH

Intervener

Procedural Posture

EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the Board of Appeal failed to state adequate reasons regarding the similarity of goods and services (motivation insufficiency)
  2. 2 Whether the Board of Appeal erred in applying the principle of interdependence in the assessment of likelihood of confusion

Ratio Decidendi

The Board of Appeal did not fail in its obligation to state reasons, as the degree of similarity between the relevant goods was sufficiently addressed and the applicant had not previously argued for a higher degree of similarity. The Board of Appeal correctly applied the principle of interdependence, giving due weight to the high degree of attention of the relevant public and the normal distinctiveness of the earlier mark, and was justified in finding no likelihood of confusion for goods and services that were only moderately similar, despite phonetic similarity between the marks.

Court Disposition

Appeal dismissed

Orders

  • The appeal is rejected.
  • Galenica AG is ordered to bear its own costs and those of EvivaMed Distribution GmbH.