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Case T-373/23: Judgment of the General Court of 4 September 2024 – Galenica v EUIPO – EvivaMed Distribution (VIVORA) (EU trade mark – Opposition proceedings – Application for EU word mark VIVORA – Earlier word mark VERFORA – Partial rejection of the opposition – Relative ground for refusal – Likelihood of confusion – Interdependence – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62023TA0373
62023TA0373
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Official Journal of the European Union
C series
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C/2024/6094
21.10.2024
(Case T-373/23)
(EU trade mark - Opposition proceedings - Application for EU word mark VIVORA - Earlier word mark VERFORA - Partial rejection of the opposition - Relative ground for refusal - Likelihood of confusion - Interdependence - Article 8(1)(b) of Regulation (EU) 2017/1001 - Obligation to state reasons - First sentence of Article 94(1) of Regulation 2017/1001)
(C/2024/6094)
Language of the case: German
Parties
Applicant: Galenica AG (Bern, Switzerland) (represented by: C. Tenkhoff and T. Herzog, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Eberl, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: EvivaMed Distribution GmbH (Wenzenbach, Germany) (represented by: K. Landes, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment in part and the alteration of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 April 2023 (Case R 1556/2022-1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Galenica AG to bear its own costs and to pay those incurred by EvivaMed Distribution GmbH;
3.Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.
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Language of the case: German.
ELI: http://data.europa.eu/eli/C/2024/6094/oj
ISSN 1977-091X (electronic edition)
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*1 Language of the case: German.