CELEX: 62006TA0010
Language: en
Date: 2007-12-11 00:00:00
Title: Case T-10/06: Judgment of the Court of First Instance of 11 December 2007 — Portela & Companhia v OHIM — Torrens Cuadrado and Gilbert Sanz (Bial) (Community trade mark — Opposition proceedings — Application for figurative Community trade mark Bial — Earlier national word mark BIAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Proof of existence of the earlier mark — Coexistence of earlier marks — Plea amending subject matter of the proceedings — Evidence presented for the first time before the Court of First Instance — Costs incurred before the Opposition Division)

26.1.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/43
            
         Judgment of the Court of First Instance of 11 December 2007 — Portela & Companhia v OHIM — Torrens Cuadrado and Gilbert Sanz (Bial)
   (Case T-10/06) (1)
   
   (Community trade mark - Opposition proceedings - Application for figurative Community trade mark Bial - Earlier national word mark BIAL - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Proof of existence of the earlier mark - Coexistence of earlier marks - Plea amending subject matter of the proceedings - Evidence presented for the first time before the Court of First Instance - Costs incurred before the Opposition Division)
   (2008/C 22/79)
   Language of the case: Portuguese
   Parties
   
      Applicant: Portela & Companhia, SA (S. Mamede do Coronado, Portugal) (represented by: J. Conceição Pimenta, Lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Juan Torrens Cuadrado and Josep Gilbert Sanz (Gava, Spain)
   Re:
   Action brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 897/2004-1) concerning opposition proceedings between (a) Juan Torrens Cuadrado and Josep Gilbert Sanz and (b) Portela & Companhia, SA.
   Operative part of the judgment
   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 14 September 2005 (Case R 897/2004-1) in so far as it orders the applicant to pay the sum of EUR 600 towards the costs incurred by Mr Torrens Cuadrado and Mr Gilbert Sanz for the opposition proceedings.
            
         
               2.
            
            
               Dismisses the remainder of the application.
            
         
               3.
            
            
               Orders Portela & Companhia, SA to pay, in addition to its own costs, half the costs incurred by OHIM.
            
         
      (1)  OJ C 60, 11.3.2006.