Judgment of the General Court of 16 September 2013 – Rovi Pharmaceuticals v OHIM – Laboratorios Farmacéuticos Rovi (ROVI Pharmaceuticals)
(Case T-97/11) 1
(Community trade mark – Opposition proceedings – Application for the Community word mark ROVI Pharmaceuticals – Earlier Community figurative mark ROVI and earlier national word mark ROVIFARMA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Equal treatment)
Language of the case: English
Parties
Applicant: Rovi Pharmaceuticals GmbH (Schlüchtern, Germany) (represented by: M. Berghofer, lawyer)
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: Laboratorios Farmacéuticos Rovi, SA (Madrid, Spain) (represented by: G. Marín Raigal, P. López Ronda and G. Macias Bonilla, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 7 December 2010 (Case R 500/2010-2), relating to opposition proceedings between Laboratorios Farmacéuticos Rovi, SA and Rovi Pharmaceuticals GmbH
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Rovi Pharmaceuticals GmbH to pay the costs, including those incurred by Laboratorios Farmacéuticos Rovi, SA in the proceedings before the Board of Appeal.
________________________1 OJ C 120, 16.4.2011.