Judgment of the General Court (Fifth Chamber) of 16 May 2013 — Verus v OHIM — Performance Industries Manufacturing (VORTEX)
(Case T‑104/12)
Community trade mark — Opposition procedure — Application for Community word mark VORTEX — Earlier Community word mark VORTEX — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right of priority — Article 29 of Regulation No 207/2009 — Partial surrender — Article 50 of Regulation No 207/2009 — Infringement of the right to be heard — Article 75, second sentence, of Regulation No 207/2009
1. Community trade mark — Appeals procedure — Appeal against a decision of the Opposition Division of OHIM — Examination by the Board of Appeal — Scope (Council Regulation No 207/2009, Art. 64(1)) (see para. 33)
2. Community trade mark — Lodging of the application for a Community trade mark — Right of priority — Trade mark application accompanied by a claim for priority — Examination of the formal and substantive conditions by OHIM (Council Regulation No 207/2009, Art. 29) (see paras 36-38)
3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Word marks VORTEX (Council Regulation Noº207/2009, Art. 8(1)(b)) (see paras 52-65)
4. Community trade mark — Procedural provisions — Decisions of the Office — Observance of the rights of the defence — Scope of the principle (Council Regulation No 207/2009, Art. 75) (see paras 69-72)
Re:
| ACTION brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 21 December 2011 (Case R 512/2011-4), relating to opposition proceedings between Verus Eood and Performance Industries Manufacturing Inc. |
Operative part
The Court:
2. | | Orders Verus Eood to pay the costs. |