Judgment of the General Court of 3 June 2015 — Lithomex v OHIM — Glaubrecht Stingel (LITHOFIX)
(Case T-273/14) 1
(Community trade mark — Invalidity proceedings — Community word mark LITHOFIX — Earlier national and international word marks LITHOFIN — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Similarity of goods — No obligation for an examination to be carried out in relation to all the goods covered by the earlier mark — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Lithomex ApS (Langeskov, Denmark) (represented by: L. Ullmann, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Bonne, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Glaubrecht Stingel GmbH & Co. KG (Wendlingen, Germany) (represented by: T. Krüger, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 17 February 2014 (Case R 2280/2012-5), relating to invalidity proceedings between Glaubrecht Stingel GmbH & Co. KG and Lithomex ApS.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Lithomex ApS to pay the costs.
____________1 OJ C 253, 4.8.2014.