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Case T-509/15: Judgment of the General Court of 3 February 2017 — Kessel medintim v EUIPO — Janssen-Cilag (Premeno) (EU trade mark — Opposition proceedings — Application for the EU word mark Premeno — Earlier national word mark Pramino — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Decision taken following the annulment by the General Court of an earlier decision — Right to be heard — Article 75 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62015TA0509
62015TA0509
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Official Journal of the European Union
C 86/24
(Case T-509/15)(1)
((EU trade mark - Opposition proceedings - Application for the EU word mark Premeno - Earlier national word mark Pramino - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Decision taken following the annulment by the General Court of an earlier decision - Right to be heard - Article 75 of Regulation No 207/2009))
(2017/C 086/32)
Language of the case: German
Parties
Applicant: Kessel medintim GmbH (Mörfelden-Walldorf, Germany) (represented by: A. Jacob and U. Staudenmaier, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Janssen-Cilag GmbH (Neuss, Germany) (represented by: M. Wenz, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 July 2015 (Case R 349/2015-4), relating to opposition proceedings between Janseen-Cilag and Kessel medintim.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Kessel medintim GmbH to pay the costs.
(1) OJ C 354, 26.10.2015.