Judgment — ECLI:EU:T:2013:256
Date: 2013-05-16
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Bulgaria

Judgment of the General Court 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) Language of the case: German Parties Applicant: Verus Eood (Sofia, Bulgaria) (represented initially by S. Vykydal, then by F. Henkel, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent) Other party to the proceedings before the Board of Appeal of OHIM: Performance Industries Manufacturing, Inc. (Odessa, Florida, United States) 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 of the judgment The Court: 1. Dismisses the action; 2. Orders Verus Eood to pay the costs. ____________ 1 - OJ C 157, 2.6.2012.