ARYUNA vs. ARMUNIA: The Case
Sandoz AG sought to register the mark ARYUNA but faced opposition due to the earlier mark ARMUNIA. The EU General Court dismissed the appeal.
What was the case about?
Sandoz AG applied to register the EU word mark ARYUNA for goods in Class 5. The European Union Intellectual Property Office (EUIPO) refused the application due to an opposition by the proprietor of the earlier Benelux and national word marks ARMUNIA. The opponent claimed a likelihood of confusion within the meaning of Article 8(1)(b) of Regulation (EU) 2017/1001.
The Board of Appeal of EUIPO upheld the refusal. Sandoz then brought an action before the General Court of the European Union. The Court, however, annulled the Board of Appeal's decision and dismissed the action. It found that the signs ARYUNA and ARMUNIA were not sufficiently similar visually, phonetically, and conceptually to create a likelihood of confusion.
Result: No Likelihood of Confusion
The Court ruled that the mark ARYUNA can be registered because there is no likelihood of confusion with ARMUNIA. The visual, phonetic, and conceptual differences prevailed. The Board of Appeal had assessed the similarity too strictly.
What you can learn from this
For Swiss SMEs, this case shows that when assessing likelihood of confusion, the overall impression of the marks is decisive. Even if the goods are identical, differences in sound, appearance, or meaning may suffice to exclude confusion. Therefore, when choosing a mark, it is worth ensuring clear distinctiveness and not focusing solely on individual components.
To defend your own marks, regular monitoring of the trademark register is important. If you see a likelihood of confusion, you can file an opposition. But as this case shows, a similar mark may still be accepted if differences prevail. Therefore, seek early advice before incurring the costs of an opposition.
Case ticker
This ticker follows the case automatically: new decisions appear here as soon as they are published in official sources.
Monitored automatically · Status: 06.09.2026
- 01.07.2026 The General Court dismisses Sandoz’s action against EUIPO regarding the mark ‘ARYUNA’, confirming no likelihood of confusion with ‘ARMUNIA’. Source
- 01.07.2026 EU General Court rules: mark ARYUNA can be registered despite similarity to ARMUNIA. Source
- 20.11.2024 New document published in Case T-591/24. Source
Entries are generated automatically from official sources. Decisions may be appealed and are not necessarily final.
Sources
Judgment of the General Court (First Chamber) of 1 July 2026, Sandoz AG v EUIPO, Case T-591/24.
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This article was generated automatically from published decisions, is for information purposes and does not constitute legal advice.