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Case T-149/21: Judgment of the General Court of 2 March 2022 — UGA Nutraceuticals v EUIPO — Vitae Health Innovation (VITADHA) (EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark VITADHA — Earlier Spanish word mark VITANADH — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

ECLI:EU:UNKNOWN:62021TA0149

62021TA0149

March 2, 2022
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25.4.2022

Official Journal of the European Union

C 171/31

(Case T-149/21) (*)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark VITADHA - Earlier Spanish word mark VITANADH - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

(2022/C 171/40)

Language of the case: English

Parties

Applicant: UGA Nutraceuticals Srl (Gubbio, Italy) (represented by: M. Riva, J. Graffer and A. Ottolini, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Vitae Health Innovation, SL (Montmeló, Spain) (represented by: E. Torner Lasalle, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 15 January 2021 (Case R 2719/2019-4), relating to opposition proceedings between Vitae Health Innovation and UGA Nutraceuticals.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders UGA Nutraceuticals Srl to pay the costs.

(*)

Language of the case: English

ECLI:EU:C:2022:140

* * *

(*) Language of the case: English.

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