Judgment;Information — ECLI:EU:T:2022:159
Date: 2022-03-23
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court of 23 March 2022 – Vetpharma Animal Health v EUIPO – Deltavit (DELTATIC) (Case T-146/21) 1 (EU trade mark – Opposition proceedings – Application for the EU word mark DELTATIC – Earlier EU word mark DELTA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Article 18(1), second subparagraph, point (a), and Article 47(2) of Regulation 2017/1001 – Form differing in elements which do not alter the distinctive character) Language of the case: English Parties Applicant: Vetpharma Animal Health, SL (Barcelona, Spain) (represented by: M. Escudero Pérez, lawyer) Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent) Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Deltavit (Janzé, France) (represented by: G. Barbaut, lawyer) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 December 2020 (Case R 776/2020-5), relating to opposition proceedings between Deltavit and Vetpharma Animal Health. Operative part of the judgment The Court: Dismisses the action; Orders Vetpharma Animal Health, SL, to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO); Orders Deltavit to bear its own costs. ____________ 1 OJ C 182, 10.5.2021.