CELEX: 62011TJ0366
Language: en
Date: 2012-10-09
Title: Judgment of the General Court (Fourth Chamber) of 9 October 2012. # BIAL-Portela & Cª, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-366/11.

Judgment of the General Court (Fourth Chamber) of 9 October 2012 — Bial Portela v OHIM — Isdin (ZEBEXIR)
      (Case T-366/11)
      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
      1.                     Community trade mark — Appeals procedure — Appeal before a Court of the European Union — Jurisdiction of the General Court
            — Direction issued to the Office — Not included (Council Regulation No 207/2009, Art. 65(6)) (see para. 14)
      2.                     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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009,
            Art. 8(1)(b)) (see paras 17, 38)
      3.                     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 — Word marks ZEBEXIR and ZEBINIX (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras
            18, 19, 37, 40)
      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 
      The Court:
      
         
                  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);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to bear its own costs and to pay those of Bial-Portela & Ca, SA;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Isdin, SA to bear its own costs.