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Case T-104/12: Judgment of the General Court of 16 May 2013 — Verus v OHIM — Performance Industries Manufacturing (VORTEX) (Community trade mark — Opposition procedure — Application for registration of the Community word mark VORTEX — Earlier Community word mark VORTEX — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right of priority — Article 29 of Regulation No 207/2009 — Partial surrender — Article 50 of Regulation No 207/2009 — Infringement of the right to be heard — Article 75, second sentence, of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62012TA0104
62012TA0104
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Official Journal of the European Union
C 189/21
(Case T-104/12) (<span class="super">1</span>)
(Community trade mark - Opposition procedure - Application for registration of the Community word mark VORTEX - Earlier Community word mark VORTEX - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Right of priority - Article 29 of Regulation No 207/2009 - Partial surrender - Article 50 of Regulation No 207/2009 - Infringement of the right to be heard - Article 75, second sentence, of Regulation No 207/2009)
2013/C 189/42
Language of the case: German
Parties
Applicant: Verus Eood (Sofia, Bulgaria) (represented initially by S. Vykydal, then by F. Henkel, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Performance Industries Manufacturing, Inc. (Odessa, Florida, United States)
Re:
Action brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 21 December 2011 (Case R 512/2011-4), relating to opposition proceedings between Verus Eood and Performance Industries Manufacturing Inc.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Verus Eood to pay the costs.
(<span class="super">1</span>) OJ C 157, 2.6.2012.