Judgment of the General Court of 2 June 2010 - Procaps v OHIM - Biofarma (PROCAPS)
(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))
Language of the case: Spanish
Parties
Applicant: Procaps, SA (Barranquilla, Colombia) (represented by: M. Vidal-Quadras Trias de Bes, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: Ó. Mondéjar Ortuño, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Biofarma SAS (Neuilly-sur-Seine, France) (represented by: A. Ruiz López and V. Gil Vega, lawyers
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
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Procaps, SA to pay the costs.
____________1 - OJ C 69, 21.3.2009.