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Case T-324/13: Judgment of the General Court of 16 July 2014 — Endoceutics v OHIM — Merck (FEMIVIA) (Community trade mark — Opposition proceedings — Application for the Community word mark FEMIVIA — Earlier Community word mark FEMIBION — International registration designating the European Community of the earlier figurative mark femibion — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62013TA0324
62013TA0324
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Official Journal of the European Union
C 292/43
(Case T-324/13)(<span class="super">1</span>)
((Community trade mark - Opposition proceedings - Application for the Community word mark FEMIVIA - Earlier Community word mark FEMIBION - International registration designating the European Community of the earlier figurative mark femibion - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
2014/C 292/53
Language of the case: English
Parties
Applicant: Endoceutics, Inc. (Quebec, Canada) (represented by: M. Wahlin, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Merck KGaA (Darmstadt, Germany) (represented by: M. Best, U. Pfleghar and S. Schäffner, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 April 2013 (Case R 1021/2012-4), concerning opposition proceedings between Merck KGaA and Endoceutics, Inc.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Endoceutics, Inc. to pay the costs.
(<span class="super">1</span>) OJ C 252, 31.8.2013.