Judgment of the General Court of 9 October 2012 - Bial-Portela v OHIM - Isdin (ZEBEXIR)

(Case T-366/11) 

(Community trade mark - Opposition proceedings - Application for Community word mark ZEBEXIR - Earlier Community word mark ZEBINIX - Relative grounds for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: English

Parties

Applicant: Bial-Portela & Ca, SA (São Mamede do Coronado, Portugal) (represented by: B. Braga da Cruz and J.M. Conceição Pimenta, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Isdin, SA (Barcelona, Spain) (represented by: P. López Ronda, G. Macias Bonilla, G. Marín Raigal and H.L. Curtis-Oliver, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 April 2011 (Case R 1212/2009-1), concerning opposition proceedings between Bial-Portela & Ca, SA and Isdin, SA

Operative part of the judgment

The Court:

Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 April 2011 (Case R 1212/2009-1);

Orders OHIM to bear its own costs and to pay those of Bial-Portela & Ca, SA;

Orders Isdin, SA to bear its own costs.

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¹ - OJ C 269, 10.9.2011.