This document is an excerpt from the EUR-Lex website
Document 62012TN0104
Case T-104/12: Action brought on 1 March 2012 — Verus v OHIM — Performance Industries Manufacturing (VORTEX)
Case T-104/12: Action brought on 1 March 2012 — Verus v OHIM — Performance Industries Manufacturing (VORTEX)
Case T-104/12: Action brought on 1 March 2012 — Verus v OHIM — Performance Industries Manufacturing (VORTEX)
SL C 157, 2.6.2012, p. 7–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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2.6.2012 |
EN |
Official Journal of the European Union |
C 157/7 |
Action brought on 1 March 2012 — Verus v OHIM — Performance Industries Manufacturing (VORTEX)
(Case T-104/12)
2012/C 157/11
Language in which the application was lodged: German
Parties
Applicant: Verus Eood (Sofia, Bulgaria) (represented by: S. Vykydal, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Performance Industries Manufacturing, Inc. (Odessa, Florida, United States)
Form of order sought
The applicant claims that the Court should:
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annul the Decision of the Fourth Board of Appeal of 21 December 2011 in Case R 512/2011-4, VORTEX/VORTEX, and refer the case back to the Board of Appeal; |
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order the defendant to pay the costs of the proceedings before the Court and the Board of Appeal. |
Pleas in law and main arguments
Applicant for a Community trade mark: Performance Industries Manufacturing Inc.
Community trade mark concerned: word mark ‘VORTEX’ for goods in Classes 7 and 12 (Registration No 5 375 324).
Proprietor of the mark or sign cited in the opposition proceedings: the applicant.
Mark or sign cited in opposition: Community word mark ‘VORTEX’, registered for services in Classes 35 and 39 (mark No 5 514 104).
Decision of the Opposition Division: rejection of the opposition.
Decision of the Board of Appeal: dismissal of the appeal.
Pleas in law: infringement of Article 8(2)(a) and (b) of Regulation No 207/2009, as there is a likelihood of confusion between the marks at issue.