#62025TJ0480EU Court Upholds Refusal of alma FARMACIE Trade Mark
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The ruling blocks Pharma Green Holding from registering the EU figurative mark “alma FARMACIE” for cosmetics, pharmaceuticals, supplements, and health-related services because it is too close to the earlier mark “ALMA HYBRID.” The Court agreed with EUIPO that Spanish- and Portuguese-speaking consumers could think the products or services come from the same or linked businesses. The decision matters for companies branding health, beauty, pharmacy, and medical services in the EU. It confirms that even if products and services are not identical, overlap in purpose, customers, sales channels, and the shared dominant word “alma” can be enough to stop a new mark.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- The Court upheld EUIPO’s refusal to register the alma FARMACIE EU trade mark.
- The Court confirmed a likelihood of confusion with the earlier ALMA HYBRID mark for Spanish- and Portuguese-speaking consumers.
- The Court treated the relevant cosmetics, pharmaceuticals, supplements, and health services as identical or similar enough to support the opposition.
Obligations
What this law requires
For an EU trade mark application to be refused under Article 8(1)(b) of Regulation (EU) 2017/1001, it is sufficient that likelihood of confusion exists in any part of the European Union, including among Spanish- or Portuguese-speaking consumers.
EU trade mark applicants cannot obtain registration of a later mark where the mark is similar to an earlier protected mark and the covered goods or services are identical or sufficiently similar so that consumers may believe they come from the same or economically linked undertakings.
When assessing likelihood of confusion, EUIPO must carry out a global assessment considering the relevant public’s perception, similarity of the signs, similarity of the goods or services, and the interdependence between those factors.
The General Court confirmed that Pharma Green Holding’s requested order requiring registration of the EU trade mark application was outside the Court’s jurisdiction because EUIPO Boards of Appeal do not themselves adopt formal registration decisions.
The Court upheld EUIPO’s refusal of the figurative mark “alma FARMACIE” for the listed Class 3, 5 and 44 goods and services because of likelihood of confusion with the earlier international EU-designating word mark “ALMA HYBRID.”