John Mills Ltd v European Union Intellectual Property Office

European Union – Trademarks. The First Board of Appeal of the European Union Intellectual Property Office had decided that the EU word mark 'MINERAL MAGIC', for which the applicant company, established in the UK, had applied to register was similar but not identical to the earlier national word mark 'MAGIC MINERALS BY JEROME ALEXANDER', registered by the intervener company. On that basis, relying on art 8(3) of Council Regulation (EC) 207/2009, as amended, the Board had upheld the intervener's opposition and rejected the mark for which registration was sought. The Court of Justice of the European Union held that as art 8(3) could only be applied where the marks at issue were not only similar but identical, the Board had infringed that provision. Consequently, the Court annulled the Board's decision.