Judgment of the General Court of 10 September 2014 — Micrus Endovascular v OHIM — Laboratórios Delta (DELTA)
(Case T-218/12) 1
(Community trade mark — Opposition proceedings — Application for Community word mark DELTA — Earlier national and international figurative marks DELTA PORTUGAL and company name LABORATORIOS DELTA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Micrus Endovascular LLC (Wilmington, Delaware, United States) (represented by: B. Brandreth, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Laboratórios Delta Lda (Queluz, Portugal) (represented by: J. Sena Mioludo, lawyer)
Re:
Action against the decision of the Second Board of Appeal of OHIM of 6 March 2012 (Case R 244/2011-2), concerning opposition proceedings between Laboratórios Delta Lda and Micrus Endovascular Corp.
Operative part of the judgment
The Court:
Dismisses the action.
Orders Micrus Endovascular LLC to pay the costs.
________________________1 OJ C 217, 21.7.2012.