CELEX: 62011TN0366
Language: en
Date: 2011-07-06 00:00:00
Title: Case T-366/11: Action brought on 6 July 2011 — Bial — Portela & Ca v OHIM — Isdin (ZEBEXIR)

10.9.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/53
            
         Action brought on 6 July 2011 — Bial — Portela & Ca v OHIM — Isdin (ZEBEXIR)
   (Case T-366/11)
   2011/C 269/118
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Bial — Portela & Ca, SA (São Mamede do Coronado, Portugal) (represented by: B. Braga da Cruz and J. M. Pimenta, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Isdin, SA (Barcelona, Spain)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 April 2011 in case R 1212/2009-1;
            
         
               —
            
            
               Order the defendant to refuse the grant of the registration of Community trade mark No 6809008 ‘ZEBEXIR’; and
            
         
               —
            
            
               Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The word mark ‘ZEBEXIR’, for goods in classes 3 and 5 — Community trade mark application No 6809008
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Community trade mark registration No 3424223 of the word mark ‘ZEBINIX’, for goods and services in classes 3, 5 and 42
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that the trademarks in question were not confusingly similar.