Judgment of the General Court (Second Chamber) of 16 July 2025 –Abacus Research v EUIPO – American Bar Association (Aba) (Case T‑553/24)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62024TJ0553_INF@2025-07-16/en
1. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markCriteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 19, 67)
2. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markRefusal to register where there is a relative ground for refusal, even if limited to part of the Union (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 20)
3. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markWord mark AbaFigurative mark ABA (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 21, 22, 35, 45, 48, 56, 57, 65, 66, 76, 77)
4. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesSimilarity between the goods or services concernedCriteria for assessmentComplementary nature of the goods or services (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 23, 31, 38)
5. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesSimilarity between the marks concernedCriteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 58)
Operative part The Court:
1. Dismisses the action;
2. Orders Abacus Research AG to pay the costs incurred by American Bar Association;
3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.