CELEX: 62012TN0113
Language: en
Date: 2012-03-05 00:00:00
Title: Case T-113/12: Action brought on 5 March 2012 — Bial — Portela v OHIM — Probiotical (PROBIAL)

9.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 165/20
            
         Action brought on 5 March 2012 — Bial — Portela v OHIM — Probiotical (PROBIAL)
   (Case T-113/12)
   2012/C 165/35
   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. Pimenta, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Probiotical SpA (Novara, Italy)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 December 2011 in case R 1925/2010-4;
            
         
               —
            
            
               Order the defendant to refuse the grant of the registration of Community trade mark No 2408128 ‘PROBIAL’; 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 figurative mark in dark blue and light blue ‘PROBIAL’, for goods in classes 1, 5 and 31 — Community trade mark application No 2408128
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Portuguese trade mark registration No 155284 of the word mark ‘Bial’, for goods in class 5; the trade mark ‘Bial’ being well known in Portugal; Community trade mark registration No 1400183 of the figurative mark in black and white ‘Bial’, for goods and services in classes 3, 5 and 42; Spanish trade mark registration No 2026481 of the figurative mark in black and white ‘Bial’, for services in class 35; international registration No 490635 for the mark in standard characters ‘Bial’, for goods in class 5; emblem of establishment No 868 of the figurative sign ‘Bial’; Name of establishment No 35157 for the word ‘Bial’; logotype No 951 of the figurative sign ‘Bial’
   
      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.