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Case T-218/12: Judgment of the General Court of 10 September 2014 — Micrus Endovascular v OHIM — Laboratórios Delta (DELTA) (Community trade mark — Opposition proceedings — Application for Community word mark DELTA — Earlier national and international figurative marks DELTA PORTUGAL and company name LABORATORIOS DELTA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0218
62012TA0218
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Official Journal of the European Union
C 372/14
(Case T-218/12)(1)
((Community trade mark - Opposition proceedings - Application for Community word mark DELTA - Earlier national and international figurative marks DELTA PORTUGAL and company name LABORATORIOS DELTA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
2014/C 372/18
Language of the case: English
Parties
Applicant: Micrus Endovascular LLC (Wilmington, Delaware, United States) (represented by: B. Brandreth, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Laboratórios Delta Lda (Queluz, Portugal) (represented by: J. Sena Mioludo, lawyer)
Re:
Action against the decision of the Second Board of Appeal of OHIM of 6 March 2012 (Case R 244/2011-2), concerning opposition proceedings between Laboratórios Delta Lda and Micrus Endovascular Corp.
Operative part of the judgment
The Court:
1)Dismisses the action.
2)Orders Micrus Endovascular LLC to pay the costs.
OJ C 217, 21.7.2012.