Source: EURLEX
Language: en
Format: md

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| 17.7.2010 | EN | Official Journal of the European Union | C 195/17 |

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Judgment of the General Court of 2 June 2010 — Procaps v OHIM — Biofarma (PROCAPS)

(Case T-35/09)[(1)](#ntr1-C_2010195EN.01001701-E0001)

(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))

2010/C 195/26

Language of the case: Spanish

Parties

Applicant: Procaps, SA (Barranquilla, Colombia) (represented by: M. Vidal-Quadras Trias de Bes, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: Ó. Mondéjar Ortuño, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Biofarma SAS (Neuilly-sur-Seine, France) (represented by: A. Ruiz López and V. Gil Vega, lawyers

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

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Procaps, SA to pay the costs. |

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