Judgment of the Court (Seventh Chamber) of 17 October 2013 — Isdin, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Bial-Portela & Ca SA

(Case C-597/12 P) (1)

(Appeal - Community trade mark - Opposition proceedings - Application for Community word mark ZEBEXIR - Earlier word mark ZEBINIX - Relative grounds for refusal - Regulation (EC) No 207/2009 - Article 8(1)(b) - Obligation to state reasons)

2013/C 367/35

Language of the case: English

Parties

Appellant: Isdin, SA (represented by: G. Marín Raigal and P. López Ronda, abogados)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent), Bial-Portela & Ca, SA

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 9 October 2012 in Case T-366/11 Bial-Portela & Ca v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) by which the General Court annulled Decision R 1212/2009-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 6 April 2011, dismissing the action brought against the Opposition Division’s decision which rejected the opposition brought by the owner of the Community word mark ‘ZEBENIX’ in respect of goods and services classified in Classes 3, 5 and 42, against the application for registration of the word mark ‘ZEBEXIR’ in respect of goods classified in Classes 3 and 5 — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion

Operative part of the judgment

The Court:

(1)  OJ C 86, 23.3.2013.