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Case T-103/17: Judgment of the General Court of 9 March 2018 — Recordati Orphan Drugs v EUIPO — Laboratorios Normon (NORMOSANG) (EU trade mark — Opposition proceedings — Application for EU word mark NORMOSANG — Earlier national word mark NORMON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Rule 19(2)(a)(ii) and Rule 20(1) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) and Article 8(1) and (7) of Delegated Regulation (EU) 2017/1430))
ECLI:EU:UNKNOWN:62017TA0103
62017TA0103
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23.4.2018
Official Journal of the European Union
C 142/49
(Case T-103/17)(1)
((EU trade mark - Opposition proceedings - Application for EU word mark NORMOSANG - Earlier national word mark NORMON - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Rule 19(2)(a)(ii) and Rule 20(1) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) and Article 8(1) and (7) of Delegated Regulation (EU) 2017/1430)))
(2018/C 142/65)
Language of the case: English
Parties
Applicant: Recordati Orphan Drugs (Puteaux, France) (represented by: J. Quirin, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Laboratorios Normon, SA (Tres Cantos, Spain) (represented by: I. Gonzalez-Mogena Gonzalez, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 November 2016 (Case R 831/2016-5), relating to opposition proceedings between Laboratorios Normon and Recordati Orphan Drugs.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Recordati Orphan Drugs to pay the costs.
OJ C 121, 18.4.2017.