#62025TJ0403EU Court upholds most of EUIPO’s refusal of the ALFAVET trade mark
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The EU General Court upheld most of EUIPO’s decision to block registration of the figurative mark ALFAVET because it was too similar to the earlier mark alfavet and covered overlapping animal-related goods and services. The Court said there was a likelihood of confusion for much of the application, especially in classes covering veterinary products, pet care, animal food, and related services. For businesses, the practical message is simple: if you are launching an EU brand in the animal-health or pet-care space, naming and branding choices still need a serious clearance check. The Court also confirmed that an earlier EU trade mark can be opposed across the EU even if it is mainly used in one Member State, and that an opposition cannot be used to attack the earlier mark’s validity on bad-faith grounds.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- The ALFAVET mark stays blocked for most of the goods and services because of likely confusion with alfavet.
- The Court confirmed that animal-focused products can still overlap with broader terms in an earlier mark, even across different Nice classes.
- An earlier EU trade mark can be enforced across the EU, and opposition proceedings are not a way to challenge it for bad faith.
Obligations
What this law requires
EUIPO must refuse registration of an EU trade mark where, because of identity or similarity with an earlier EU trade mark and identity or similarity of the covered goods or services, there is a likelihood of confusion for the relevant public in the territory where the earlier mark is protected.
When assessing opposition based on an earlier EU trade mark, the likelihood-of-confusion analysis must be carried out globally, taking account of the relevant public's perception, the similarity of the signs, the similarity of the goods/services, and their interdependence.
An earlier EU trade mark proprietor may oppose an EU trade mark application throughout the European Union; EUIPO does not need a likelihood of confusion in every Member State, only in part of the EU.
In opposition proceedings, EUIPO must presume the validity of the earlier mark and cannot use the opposition procedure to examine or invalidate that earlier mark on bad-faith grounds.
To file an opposition under Article 46(1)(b) of Regulation 2017/1001, the opposing party must have been the proprietor of the earlier EU trade mark at the time the notice of opposition was filed.