Recent Trade Mark Decision: NATURKAPS

The General Court has recently issued a decision which serves as a reminder to ensure that trade mark protection is reviewed and refreshed where necessary to ensure registered marks provide the correct protection.

Case background

In Case T-12/22, Polish company Hasco TM sp. Z o.o. sp.k sought to rely on their Polish national registration NATURKAPS to invalidate an EU registration for NATURCAPS in the name of Esi s.r.l.

Hasco's Polish registration was filed in November 2000 and covered 'pharmaceutical products' in class 5. Esi's EU registration was filed in January 2017 and covered a wide range of goods in class 5 including dietary, nutritional and food supplements and medicinal herbs.