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Case T-97/11: Judgment of the General Court of 16 September 2013 — Rovi Pharmaceuticals v OHIM — Laboratorios Farmacéuticos Rovi (ROVI Pharmaceuticals) (Community trade mark — Opposition proceedings — Application for the Community word mark ROVI Pharmaceuticals — Earlier Community figurative mark ROVI and earlier national word mark ROVIFARMA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Equal treatment)
ECLI:EU:UNKNOWN:62011TA0097
62011TA0097
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Official Journal of the European Union
C 336/19
(Case T-97/11)(1)
(Community trade mark - Opposition proceedings - Application for the Community word mark ROVI Pharmaceuticals - Earlier Community figurative mark ROVI and earlier national word mark ROVIFARMA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Equal treatment)
2013/C 336/37
Language of the case: English
Parties
Applicant: Rovi Pharmaceuticals GmbH (Schlüchtern, Germany) (represented by: M. Berghofer, lawyer)
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: Laboratorios Farmacéuticos Rovi, SA (Madrid, Spain) (represented by: G. Marín Raigal, P. López Ronda and G. Macias Bonilla, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 7 December 2010 (Case R 500/2010-2), relating to opposition proceedings between Laboratorios Farmacéuticos Rovi, SA and Rovi Pharmaceuticals GmbH
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Rovi Pharmaceuticals GmbH to pay the costs, including those incurred by Laboratorios Farmacéuticos Rovi, SA in the proceedings before the Board of Appeal.
OJ C 120, 16.4.2011.