CELEX: 62009TJ0035
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)

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.