This document is an excerpt from the EUR-Lex website
Document 62012TN0113
Case T-113/12: Action brought on 5 March 2012 — Bial — Portela v OHIM — Probiotical (PROBIAL)
Case T-113/12: Action brought on 5 March 2012 — Bial — Portela v OHIM — Probiotical (PROBIAL)
Case T-113/12: Action brought on 5 March 2012 — Bial — Portela v OHIM — Probiotical (PROBIAL)
OJ C 165, 9.6.2012, p. 20–20
(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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9.6.2012 |
EN |
Official Journal of the European Union |
C 165/20 |
Action brought on 5 March 2012 — Bial — Portela v OHIM — Probiotical (PROBIAL)
(Case T-113/12)
2012/C 165/35
Language in which the application was lodged: English
Parties
Applicant: Bial — Portela & Ca, SA (São Mamede do Coronado, Portugal) (represented by: B. Braga da Cruz and J. Pimenta, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Probiotical SpA (Novara, Italy)
Form of order sought
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 December 2011 in case R 1925/2010-4; |
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Order the defendant to refuse the grant of the registration of Community trade mark No 2408128 ‘PROBIAL’; and |
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Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark in dark blue and light blue ‘PROBIAL’, for goods in classes 1, 5 and 31 — Community trade mark application No 2408128
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Portuguese trade mark registration No 155284 of the word mark ‘Bial’, for goods in class 5; the trade mark ‘Bial’ being well known in Portugal; Community trade mark registration No 1400183 of the figurative mark in black and white ‘Bial’, for goods and services in classes 3, 5 and 42; Spanish trade mark registration No 2026481 of the figurative mark in black and white ‘Bial’, for services in class 35; international registration No 490635 for the mark in standard characters ‘Bial’, for goods in class 5; emblem of establishment No 868 of the figurative sign ‘Bial’; Name of establishment No 35157 for the word ‘Bial’; logotype No 951 of the figurative sign ‘Bial’
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that the trademarks in question were not confusingly similar.