Judgment of the General Court of 14 January 2016 — The Cookware Company v OHIM — Fissler (VITA+VERDE)
(Case T-535/14) 1
(Community trade mark — Opposition proceedings — Application for the Community figurative mark VITA+VERDE — Earlier word mark VITAVIT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: The Cookware Company Ltd (Hong Kong, China) (represented by: K. Manhaeve, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Fissler GmbH (Idar-Oberstein, Germany) (represented by: A. Späth and V. Töbelmann, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 15 April 2014 (Case R 1082/2013-2), relating to opposition proceedings between Fissler GmbH and The Cookware Company Ltd.
Operative part of the judgment
The Court:
Dismisses the action;
Orders The Cookware Company Ltd to pay the costs.
____________1 OJ C 351, 6.10.2014.