Source: EURLEX
Language: en
Format: md

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| 16.11.2013 | EN | Official Journal of the European Union | C 336/19 |

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Judgment of the General Court of 16 September 2013 — Rovi Pharmaceuticals v OHIM — Laboratorios Farmacéuticos Rovi (ROVI Pharmaceuticals)

(Case T-97/11)[(1)](#ntr1-C_2013336EN.01001901-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark ROVI Pharmaceuticals - Earlier Community figurative mark ROVI and earlier national word mark ROVIFARMA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Equal treatment)

2013/C 336/37

Language of the case: English

Parties

Applicant: Rovi Pharmaceuticals GmbH (Schlüchtern, Germany) (represented by: M. Berghofer, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Laboratorios Farmacéuticos Rovi, SA (Madrid, Spain) (represented by: G. Marín Raigal, P. López Ronda and G. Macias Bonilla, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 December 2010 (Case R 500/2010-2), relating to opposition proceedings between Laboratorios Farmacéuticos Rovi, SA and Rovi Pharmaceuticals GmbH

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Rovi Pharmaceuticals GmbH to pay the costs, including those incurred by Laboratorios Farmacéuticos Rovi, SA in the proceedings before the Board of Appeal. |

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