Judgment of the General Court of 19 November 2014 — Evonik Oil Additives v OHIM — BRB International (VISCOTECH)
(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)
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.
________________________1 OJ C 141, 18.5.2013.