#62025TJ0291EU Court Blocks proGlan Trade Mark Over Confusion With PRO PLAN
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The judgment confirms that Ecuphar cannot register the EU figurative trade mark proGlan for veterinary medicines for anal gland function because it is too similar to Nestlé’s earlier PRO PLAN mark for veterinary nutritional supplements. The decision matters for veterinary, pet health and animal nutrition businesses because it shows that medicines and supplements can be treated as similar when they target animal health, use overlapping sales channels and may be used together. Brand owners should check not only identical products, but also nearby animal health categories before launching or filing new marks.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- The General Court upheld EUIPO’s refusal to register the proGlan EU trade mark.
- The Court found an average similarity between veterinary medicines for anal gland function and veterinary nutritional supplements.
- The Court accepted that proGlan and PRO PLAN are similar enough visually and phonetically to create a likelihood of confusion.
Obligations
What this law requires
Under Article 8(1)(b) of Regulation (EU) 2017/1001, EUIPO must refuse registration of an EU trade mark where similarity between the applied-for mark and an earlier protected mark, together with similarity of the covered goods or services, creates a likelihood of confusion among the relevant public.
The General Court confirmed that Ecuphar’s application for the EU figurative mark proGlan for “medicines for anal gland function for veterinary use” could be refused because it created a likelihood of confusion with Nestlé’s earlier PRO PLAN mark covering veterinary and animal nutritional supplements.
For likelihood-of-confusion assessments, veterinary medicines and veterinary nutritional supplements may be treated as similar where they both promote animal health, target veterinarians and pet owners, overlap in sales channels such as veterinary clinics and pharmacies, and may be used together.
A higher level of attention by veterinarians or pet owners does not automatically eliminate similarity between veterinary health products or remove the likelihood of confusion between similar marks.
In court actions concerning EU trade marks, the General Court can review decisions of EUIPO Boards of Appeal, but it does not have jurisdiction to order EUIPO to register an EU trade mark directly.