CELEX: 62006TJ0010
Language: en
Date: 2007-12-11
Title: Judgment of the Court of First Instance (Fifth Chamber) of 11 December 2007. # Portela & Companhia, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-10/06.

Judgment of the Court of First Instance (Fifth Chamber) of 11 December 2007 – Portela & Companhia v OHMI – Torrens Cuadrado
            et Sanz (Bial)
      (Case T-10/06)
      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
      1.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of registration
            or filing of the earlier mark (Commission Regulation No 2868/95, Rule 16(2)) (see para. 34)
      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 (see para. 76)
      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.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Portela & Companhia, SA
            
         
               Community trade mark sought:
            
            
               Figurative mark Bial – Application No 1400183
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Juan Torrens Cuadrado and Josep Gilbert Sanz
            
         
               Mark or sign cited in opposition:
            
            
               Spanish word mark BIAL
            
         
               Decision of the Opposition Division:
            
            
               Opposition partially upheld
            
         
               Decision of the Board of Appeal:
            
            
               Decision of the Opposition Division confirmed in its entirety
            
         
      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 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.