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Case T-486/17: Judgment of the General Court of 14 November 2018 — Foodterapia v EUIPO — Sperlari (DIETOX) (EU trade mark — Opposition proceedings — Application for EU figurative mark DIETOX — Earlier EU figurative mark Dietor — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0486
62017TA0486
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Official Journal of the European Union
C 16/43
(Case T-486/17) (*)
((EU trade mark - Opposition proceedings - Application for EU figurative mark DIETOX - Earlier EU figurative mark Dietor - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))
(2019/C 16/52)
Language of the case: English
Parties
Applicant: Foodterapia, SL (Barcelona, Spain) (represented by: J.C. Erdozain López, J. Galán López and H. Tellez Robledo, lawyers)
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Sperlari Srl, formerly Cloetta Italia Srl (Cremona, Italy) (represented by: P. Pozzi and G. Ghisletti, lawyers)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 12 May 2017 (Case R 1611/2016-5), concerning opposition proceedings between Cloetta Italia and Foodterapia.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Foodterapia, SL, to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO) and by Sperlari Srl, including the costs necessarily incurred by the latter’s legal predecessor before the Board of Appeal of EUIPO.
(*)
Language of the case: English.
* * *
(1) OJ C 318, 25.9.2017.