Action brought on 1 March 2012 - Verus v OHIM - Performance Industries Manufacturing (VORTEX)

(Case T-104/12)

Language in which the application was lodged: German

Parties

Applicant: Verus Eood (Sofia, Bulgaria) (represented by: S. Vykydal, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Performance Industries Manufacturing, Inc. (Odessa, Florida, United States)

Form of order sought

The applicant claims that the Court should:

annul the Decision of the Fourth Board of Appeal of 21 December 2011 in Case R 512/2011-4, VORTEX/VORTEX, and refer the case back to the Board of Appeal;

order the defendant to pay the costs of the proceedings before the Court and the Board of Appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: Performance Industries Manufacturing Inc.

Community trade mark concerned: word mark 'VORTEX' for goods in Classes 7 and 12 (Registration No 5 375 324).

Proprietor of the mark or sign cited in the opposition proceedings: the applicant.

Mark or sign cited in opposition: Community word mark 'VORTEX', registered for services in Classes 35 and 39 (mark No 5 514 104).

Decision of the Opposition Division: rejection of the opposition.

Decision of the Board of Appeal: dismissal of the appeal.

Pleas in law: infringement of Article 8(2)(a) and (b) of Regulation No 207/2009, as there is a likelihood of confusion between the marks at issue.

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