CELEX: 62009TJ0035
Language: en
Date: 2010-06-02 00:00:00
Title: Judgment of the General Court (Second Chamber) of 2 June 2010. # Procaps, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition procedure - Application for the Community word mark PROCAPS - Earlier national and international word marks PROCAPTAN - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-35/09.

Judgment of the General Court (Second Chamber) of 2 June 2010 – Procaps v OHIM – Biofarma (PROCAPS)
      (Case T-35/09)
      Community trade mark – Opposition procedure – Application for the Community word mark PROCAPS – Earlier national and international word marks PROCAPTAN – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods and services – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
      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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 32, 62, 66-67)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 24 November 2008 (Case R 867/2007‑4) concerning
                  opposition proceedings between Biofarma SAS and Procaps, SA.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Procaps, SA
            
         
               Community trade mark sought:
            
            
               Word mark PROCAPS for goods and services in Classes 5, 35, 39, 40, 44 – Application No 3519394
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Biofarma SAS
            
         
               Mark or sign cited in opposition:
            
            
               National and international word mark PROCAPTAN for goods in Class 5
            
         
               Decision of the Opposition Division: 
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed in part
            
         
      Operative part
      The Court: 
      1.      Dismisses the action;
      2.      Orders Procaps, SA to pay the costs.