Community trade mark Relative ground for refusal Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Likelihood of confusion Similarity of the signs Opposition procedure Application for the Community word mark PROCAPS Earlier national and international word marks PROCAPTAN Similarity of the goods and services
Sumário
Judgment of the General Court (Second Chamber) of 2 June 2010.
Procaps, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition procedure - Application for the Community word mark PROCAPS - Earlier national and international word marks PROCAPTAN - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-35/09.
Texto da decisão
Judgment of the General Court (Second Chamber) of 2 June 2010 – Procaps v OHIM – Biofarma (PROCAPS)
(Case T-35/09)
Community trade mark – Opposition procedure – Application for the Community word mark PROCAPS – Earlier national and international word marks PROCAPTAN – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods and services – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 32, 62, 66-67)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 24 November 2008 (Case R 867/2007‑4) concerning opposition proceedings between Biofarma SAS and Procaps, SA. |
Information relating to the case
|
Applicant for the Community trade mark: |
Procaps, SA |
|
Community trade mark sought: |
Word mark PROCAPS for goods and services in Classes 5, 35, 39, 40, 44 – Application No 3519394 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Biofarma SAS |
|
Mark or sign cited in opposition: |
National and international word mark PROCAPTAN for goods in Class 5 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed in part |
Operative part
The Court:
1. Dismisses the action;
2. Orders Procaps, SA to pay the costs.