Source: EURLEX
Language: en
Format: md

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| 21.3.2009 | EN | Official Journal of the European Union | C 69/51 |

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Action brought on 26 January 2009 — Procaps v OHIM — Bioframa (PROCAPS)

(Case T-35/09)

(2009/C 69/112)

Language in which the application was lodged: 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)

Other party to the proceedings before the Board of Appeal of OHIM: Biofarma SAS (Neuilly sur Seine, France)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of OHIM (Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 November 2008 in Case R 867/2007-4 which was notified to the parties on 25 November 2008. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: Word mark ‘PROCAPS’ (Trade mark application No 3.519.394) for goods and services in Classes 5, 35, 39, 40, 44.

Proprietor of the mark or sign cited in the opposition proceedings: BIOFARMA, société par actions simplifiée.

Mark or sign cited in opposition: National and international word mark ‘PROCAPTAN’, for goods in Class 5.

Decision of the Opposition Division: Opposition: Opposition rejected.

Decision of the Board of Appeal: Appeal dismissed in part

Pleas in law: Incorrect application of Article 9(1)(b) of Regulation No 40/94 on the Community trade mark.

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