Laboratorios Ern, S.A v. Terramark Markencreation GmbH

Laboratorios Ern, S.A

Case details

Case no.: R2140/2021-4

Jurisdiction: European Union

Industry: Pharmaceuticals

Decision date: 12 Dec, 2022


The evidence in its entirety is sufficient to establish genuine use of the earlier Spanish mark 'LEVEL' during the relevant period in the relevant territory for 'pharmaceutical preparations'. There is a risk that the Spanish-speaking public might believe that the goods covered by the earlier mark and those covered by the contested sign 'LEVEL UP' in Class 5 come from the same undertaking or, as the case may be, from economically-linked undertakings.

Comparison of Trademarks