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Case T-362/16: Judgment of the General Court of 19 June 2018 — Tillotts Pharma v EUIPO — Ferring (XENASA) (EU trade mark — Opposition proceedings — Application for EU word mark XENASA — Earlier EU word mark PENTASA — Relative ground for refusal — No 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:62016TA0362
62016TA0362
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(Case T-362/16) (*1)
‘(EU trade mark — Opposition proceedings — Application for EU word mark XENASA — Earlier EU word mark PENTASA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))’
Language of the case: English
Parties
Applicant: Tillotts Pharma AG (Rheinfelden, Switzerland) (represented by: M. Douglas, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ferring BV (Hoofddorp, Netherlands) (represented initially by: I. Fowler, Solicitor, and D. Slopek, lawyer, and subsequently by I. Fowler)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 29 April 2016 (Case R 3264/2014-4), relating to opposition proceedings between Ferring and Tillotts Pharma.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 April 2016 (Case R 3264/2014-4);
2.Orders EUIPO to bear its own costs and to pay those incurred by Tillotts Pharma AG;
3.Orders Ferring BV to bear its own costs.
* * *
(*1) OJ C 314, 29.8.2016.