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Case T-821/17: Judgment of the General Court of 12 December 2018 — Vitromed v EUIPO — Vitromed Healthcare (VITROMED Germany) (EU trade mark — Opposition proceedings — Application for EU figurative mark VITROMED Germany — Earlier EU word mark Vitromed — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0821
62017TA0821
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4.3.2019
Official Journal of the European Union
C 82/53
(Case T-821/17) (*)
((EU trade mark - Opposition proceedings - Application for EU figurative mark VITROMED Germany - Earlier EU word mark Vitromed - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))
(2019/C 82/63)
Language of the case: German
Parties
Applicant: Vitromed GmbH (Jena, Germany) (represented by: M. Linß, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Graul, D. Walicka and M. Fischer, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Vitromed Healthcare (Jaipur, India) (represented by: J. Schmidt, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 26 September 2017 (Case R 2402/2016-2) relating to opposition proceedings between Vitromed Healthcare and Vitromed.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Vitromed GmbH to pay the costs.
(*)
Language of the case: German
(1) OJ C 52, 12.2.2018.