20.7.2015
EN
Official Journal of the European Union
C 236/40
Judgment of the General Court of 3 June 2015 — Lithomex v OHIM — Glaubrecht Stingel (LITHOFIX)
(Case T-273/14) (1)
((Community trade mark - Invalidity proceedings - Community word mark LITHOFIX - Earlier national and international word marks LITHOFIN - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Similarity of goods - No obligation for an examination to be carried out in relation to all the goods covered by the earlier mark - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))
(2015/C 236/54)
Language of the case: English
Parties
Applicant: Lithomex ApS (Langeskov, Denmark) (represented by: L. Ullmann, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Bonne, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Glaubrecht Stingel GmbH & Co. KG (Wendlingen, Germany) (represented by: T. Krüger, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 17 February 2014 (Case R 2280/2012-5), relating to invalidity proceedings between Glaubrecht Stingel GmbH & Co. KG and Lithomex ApS.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Lithomex ApS to pay the costs.
(1) OJ C 253, 4.8.2014.
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