Source: EURLEX
Language: en
Format: md

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| 1.3.2014 | EN | Official Journal of the European Union | C 61/8 |

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Judgment of the General Court of 21 January 2014 — Bial-Portela v OHIM — Probiotical (PROBIAL)

(Case T-113/12)[(1)](#ntr1-C_2014061EN.01000802-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative mark PROBIAL - Earlier national, international and Community figurative marks, emblem, business name and logo Bial - Relative grounds for refusal - Article 8(1)(b) and 8(4) and (5) of Regulation (EC) No 207/2009)

2014/C 61/13

Language of the case: English

Parties

Applicant: Bial-Portela & Ca, SA (São Mamede do Coronado, Portugal) (represented by: B. Braga da Cruz and J. 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: Probiotical SpA (Novara, Italy) (represented by: I. Kuschel, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 December 2011 (Case R 1925/2010-4) concerning opposition proceedings between Portela & Ca, SA and Probiotical SpA.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Bial-Portela & Ca, SA to pay the costs. |

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