Source: EURLEX
Language: en
Format: md

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| 24.11.2012 | EN | Official Journal of the European Union | C 366/33 |

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Judgment of the General Court of 9 October 2012 — Bial-Portela v OHIM — Isdin (ZEBEXIR)

(Case T-366/11)[(1)](#ntr1-C_2012366EN.01003301-E0001)

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

2012/C 366/64

Language of the case: English

Parties

Applicant: Bial-Portela & C
a
, SA (São Mamede do Coronado, Portugal) (represented by: B. Braga da Cruz and J.M. Conceição 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, intervener before the General Court: Isdin, SA (Barcelona, Spain) (represented by: P. López Ronda, G. Macias Bonilla, G. Marín Raigal and H.L. Curtis-Oliver, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 April 2011 (Case R 1212/2009-1), concerning opposition proceedings between Bial-Portela & Ca, SA and Isdin, SA

Operative part of the judgment

The Court:

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| 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 6 April 2011 (Case R 1212/2009-1); |

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| 2. | Orders OHIM to bear its own costs and to pay those of Bial-Portela & Ca, SA; |

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| 3. | Orders Isdin, SA to bear its own costs. |

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