Judgment of the General Court of 16 September 2013 – Oro Clean Chemie v OHIM (PROSEPT)
(Case T-284/12) 1
(Community trade mark – Opposition proceedings – Application for Community word mark PROSEPT – Earlier national word mark Pursept – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 – Rights of defence – Article 75 of Regulation No 207/2009)
Language of the case: German
Parties
Applicant: Oro Clean Chemie AG (Fehraltorf, Switzerland) (represented by: F. Ekey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Other party/parties to the proceedings before the Board of Appeal of OHIM: Merz Pharma GmbH & Co. KGaA (Frankfurt am Main, Germany) (represented by: M. Hirsch and C. Mayerhöffer, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 29 March 2012 (Case R 1053/2011-1), relating to opposition proceedings between Merz Pharma GmbH & Co. KGaA and Oro Clean Chemie AG.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Oro Clean Chemie AG to pay the costs.
________________________1 OJ C 258, 25.8.2012.