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Case C-139/17 P: Judgment of the Court (Tenth Chamber) of 25 July 2018 — QuaMa Quality Management GmbH v European Union Intellectual Property Office (EUIPO), Microchip Technology, Inc. (Appeal — EU trade mark — Regulation (EC) No 207/2009 — Regulation (EC) No 2868/95 — Opposition proceedings — Application for the word mark medialbo — Earlier mark MediaLB — Relative ground for refusal — Likelihood of confusion — Notice of opposition filed by a person who is not the proprietor of the earlier mark — No formal application for registration of the transfer of the earlier mark within the opposition period — Inadmissibility)
ECLI:EU:UNKNOWN:62017CA0139
62017CA0139
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Official Journal of the European Union
C 328/15
(Case C-139/17 P) (<span class="super note-tag">1</span>)
((Appeal - EU trade mark - Regulation (EC) No 207/2009 - Regulation (EC) No 2868/95 - Opposition proceedings - Application for the word mark medialbo - Earlier mark MediaLB - Relative ground for refusal - Likelihood of confusion - Notice of opposition filed by a person who is not the proprietor of the earlier mark - No formal application for registration of the transfer of the earlier mark within the opposition period - Inadmissibility))
(2018/C 328/17)
Language of the case: German
Parties
Appellant: QuaMa Quality Management GmbH (represented by: C. Russ, Rechtsanwalt)
Other parties to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: D. Botis and M. Fischer, acting as Agents), Microchip Technology, Inc. (represented by: C. Bergmann, Rechtsanwalt)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders QuaMa Quality Management GmbH to pay the costs.
(<span class="note">1</span>) OJ C 357, 23.10.2017.