CELEX: 62006TJ0010
Community trade mark
Opposition proceedings
Application for figurative Community trade mark Bial
Earlier national word mark BIAL
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94
Proof of existence of the earlier mark
Coexistence of earlier marks
Plea amending subject-matter of the proceedings
Evidence presented for the first time before the Court of First Instance
Costs incurred before the Opposition Division

ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 897/2004-1) concerning
opposition proceedings between (a) Juan Torrens Cuadrado and Josep Gilbert Sanz and (b) Portela & Companhia, SA.
Information relating to the case
Applicant for the Community trade mark:
Portela & Companhia, SA
Community trade mark sought:
Figurative mark Bial – Application No 1400183
Proprietor of the mark or sign cited in the opposition proceedings:
Juan Torrens Cuadrado and Josep Gilbert Sanz
Mark or sign cited in opposition:
Spanish word mark BIAL
Decision of the Opposition Division:
Opposition partially upheld
Decision of the Board of Appeal:
Decision of the Opposition Division confirmed in its entirety
Operative part
The Court:
1.
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 14 September 2005 (Case R 897/2004-1) in so far as it orders the applicant to pay the sum of EUR 600 towards the
costs incurred by Mr Torrens Cuadrado and Mr Gilbert Sanz for the opposition proceedings;
2.
Dismisses the remainder of the application;
3.
Orders Portela & Companhia, SA to pay, in addition to its own costs, half the costs incurred by OHIM.