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Case T-146/21: Judgment of the General Court of 23 March 2022 — Vetpharma Animal Health v EUIPO — Deltavit (DELTATIC) (EU trade mark — Opposition proceedings — Application for the EU word mark DELTATIC — Earlier EU word mark DELTA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Article 18(1), second subparagraph, point (a), and Article 47(2) of Regulation 2017/1001 — Form differing in elements which do not alter the distinctive character)
ECLI:EU:UNKNOWN:62021TA0146
62021TA0146
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16.5.2022
Official Journal of the European Union
C 198/42
(Case T-146/21) (*)
(EU trade mark - Opposition proceedings - Application for the EU word mark DELTATIC - Earlier EU word mark DELTA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark - Article 18(1), second subparagraph, point (a), and Article 47(2) of Regulation 2017/1001 - Form differing in elements which do not alter the distinctive character)
(2022/C 198/59)
Language of the case: English
Parties
Applicant: Vetpharma Animal Health, SL (Barcelona, Spain) (represented by: M. Escudero Pérez, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Deltavit (Janzé, France) (represented by: G. Barbaut, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 December 2020 (Case R 776/2020-5), relating to opposition proceedings between Deltavit and Vetpharma Animal Health.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Vetpharma Animal Health, SL, to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO);
3.Orders Deltavit to bear its own costs.
(*) Language of the case: English.
(1) OJ C 182, 10.5.2021.
ECLI:EU:C:2022:140