Judgment of the General Court of 16 May 2013 - Verus v OHIM - Performance Industries Manufacturing (VORTEX)
(Case T-104/12)
(Community trade mark - Opposition procedure - Application for Community word mark VORTEX - Earlier Community word mark VORTEX - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Right of priority - Article 29 of Regulation No 207/2009 - Partial surrender - Article 50 of Regulation No 207/2009 - Infringement of the right to be heard - Article 75, second sentence, of Regulation No 207/2009)
Language of the case: German
Parties
Applicant: Verus Eood (Sofia, Bulgaria) (represented initially by S. Vykydal, then by F. Henkel, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Performance Industries Manufacturing, Inc. (Odessa, Florida, United States)
Re:
Action brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 21 December 2011 (Case R 512/2011-4), relating to opposition proceedings between Verus Eood and Performance Industries Manufacturing Inc.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Verus Eood to pay the costs.
____________1 - OJ C 157, 2.6.2012.