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Case T-601/21: Judgment of the General Court of 9 November 2022 — Pharmadom v EUIPO — Wellstat Therapeutics (WELLMONDE) (EU trade mark — Opposition proceedings — Application for EU word mark WELLMONDE — Earlier national word mark WELL AND WELL — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62021TA0601
62021TA0601
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Official Journal of the European Union
C 7/28
(Case T-601/21) (*)
(EU trade mark - Opposition proceedings - Application for EU word mark WELLMONDE - Earlier national word mark WELL AND WELL - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
(2023/C 7/35)
Language of the case: English
Parties
Applicant: Pharmadom (Boulogne-Billancourt, France) (represented by: M.P. Dauquaire, lawyer)
Defendant: European Union Intellectual Property Office (represented by: N. Lamsters and J. Crespo Carrillo, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Wellstat Therapeutics Corp. (Rockville, Maryland, United States) (represented by: M. Graf, lawyer)
Re:
By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 June 2021 (Case R 1776/2020-5).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Pharmadom to pay the costs.
(*) Language of the case: English.
(1) OJ C 481, 29.11.2021.