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1.3.2014 |
EN |
Official Journal of the European Union |
C 61/8 |
Judgment of the General Court of 21 January 2014 — Bial-Portela v OHIM — Probiotical (PROBIAL)
(Case T-113/12) (1)
(Community trade mark - Opposition proceedings - Application for Community figurative mark PROBIAL - Earlier national, international and Community figurative marks, emblem, business name and logo Bial - Relative grounds for refusal - Article 8(1)(b) and 8(4) and (5) of Regulation (EC) No 207/2009)
2014/C 61/13
Language of the case: 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) (represented by: P. Geroulakos, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Probiotical SpA (Novara, Italy) (represented by: I. Kuschel, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 December 2011 (Case R 1925/2010-4) concerning opposition proceedings between Portela & Ca, SA and Probiotical SpA.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Bial-Portela & Ca, SA to pay the costs. |