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Case T-144/16: Judgment of the General Court of 7 November 2017 — Mundipharma v EUIPO — Multipharma (MULTIPHARMA) (European Union trade mark — Opposition proceedings — Application for EU word mark MULTIPHARMA — Prior EU word mark MUNDIPHARMA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC No 207/2009)
ECLI:EU:UNKNOWN:62016TA0144
62016TA0144
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18.12.2017
Official Journal of the European Union
C 437/29
(Case T-144/16)( (<span class="super note-tag">1</span>))
((European Union trade mark - Opposition proceedings - Application for EU word mark MULTIPHARMA - Prior EU word mark MUNDIPHARMA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC No 207/2009))
(2017/C 437/34)
Language of the case: German
Parties
Applicant: Mundipharma AG (Basel, Switzerland) (represented by: F. Nielsen, lawyer)
Defendant: European Union Intellectual Property Office (represented by: H. Kunz, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Multipharma SA (Luxembourg, Luxembourg) (represented by: P. Goldenbaum and I. Rohr, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 22 January 2016 (Case R 2950/2014-1) concerning opposition proceedings between Mundipharma and Multipharma.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 January 2016 (Case R 2950/2014-1);
2.Orders EUIPO to bear its own costs and to pay the costs incurred by Mundipharma AG, including the costs necessarily incurred by Mundipharma for the purposes of the proceedings before the Board of Appeal of EUIPO;
3.Orders Multipharma SA to bear its own costs.
(<span class="super">1</span>) OJ C 191, 30.5.2016.