Judgment of the General Court of 13 March 2013 - Biodes v OHIM - Manasul Internacional (FARMASUL)
(Case T-553/10)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark FARMASUL - Earlier Spanish figurative mark MANASUL - Relative ground for refusal - Likelihood of confusion - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: Spanish
Parties
Applicant: Biodes, SL (Madrid, Spain) (represented by: E. Manresa Medina, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Manasul Internacional, SL (Ponferrada, Spain) (represented by: M.I. Escudero Pérez, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 3 September 2010 (Case R 1034/2009-1), relating to opposition proceedings between Manasul Internacional, SL and Biodes, SL
Operative part of the judgment
The Court:
1. dismisses the action;
2. orders Biodes, SL to pay the costs.
____________1 - OJ C 30, 29.1.2011.