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Case T-138/13: Judgment of the General Court of 19 November 2014 — Evonik Oil Additives v OHIM — BRB International (VISCOTECH) (Community trade mark — Opposition proceedings — Application for Community word mark VISCOTECH — Earlier national and international word marks VISCOPLEX — Evidence of the territorial extent and validity of an earlier international trade mark — Rule 19(2) and Rule 20(1) of Regulation (EC) 2868/95 — Relative grounds of refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62013TA0138
62013TA0138
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12.1.2015
Official Journal of the European Union
C 7/32
(Case T-138/13)(1)
((Community trade mark - Opposition proceedings - Application for Community word mark VISCOTECH - Earlier national and international word marks VISCOPLEX - Evidence of the territorial extent and validity of an earlier international trade mark - Rule 19(2) and Rule 20(1) of Regulation (EC) 2868/95 - Relative grounds of refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 007/35)
Language of the case: Dutch
Parties
Applicant: Evonik Oil Additives GmbH (Darmstadt, Germany) (represented by: J. Albrecht, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: BRB International BV (Ittervoort, Netherlands)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 19 December 2012 (Case R 1565/2012-1), relating to opposition proceedings between Evonik Degussa GmbH and BRB International BV
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Evonik Oil Additives GmbH to pay the costs.
OJ C 141, 18.5.2013.