Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Second Chamber) of 2 June 2010 – Procaps v OHIM – Biofarma (PROCAPS)**

**(Case T-35/09)**

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)

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
– Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 32, 62, 66-67)

**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. |

**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.

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