Source: EURLEX
Language: en
Format: md

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| 18.1.2014 | EN | Official Journal of the European Union | C 15/15 |

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Judgment of the General Court of 28 November 2013 — Vitaminaqua v OHIM — Energy Brands (vitaminaqua)

(Case T-410/12)[(1)](#ntr1-C_2014015EN.01001501-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark vitaminaqua - Earlier national word marks VITAMINWATER - Earlier Community figurative mark GLACEAU vitamin water - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2014/C 15/20

Language of the case: Hungarian

Parties

Applicant: Vitaminaqua Ltd (London, United Kingdom) (represented by: A. Krajnyák, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Németh and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Energy Brands, Inc. (Whitestone, United States of America) (represented by: S. Malynicz, D. Stone and L. Ritchie, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 June 2012 (Case R 997/2011-1) relating to opposition proceedings between Energy Brands Inc. and Vitaminaqua Ltd.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Vitaminaqua Ltd to pay the costs. |

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