Official Journal of the European Union
Judgment of the General Court of 2 March 2022 — UGA Nutraceuticals v EUIPO — Vitae Health Innovation (VITADHA)
(Case T-149/21) (1)
(EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark VITADHA - Earlier Spanish word mark VITANADH - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
Language of the case: English
Applicant: UGA Nutraceuticals Srl (Gubbio, Italy) (represented by: M. Riva, J. Graffer and A. Ottolini, lawyers)
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Vitae Health Innovation, SL (Montmeló, Spain) (represented by: E. Torner Lasalle, lawyer)
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 15 January 2021 (Case R 2719/2019-4), relating to opposition proceedings between Vitae Health Innovation and UGA Nutraceuticals.
Operative part of the judgment
Dismisses the action;
Orders UGA Nutraceuticals Srl to pay the costs.
(1) OJ C 182, 10.5.2021.