Language of document :

Judgment of the General Court of 21 January 2014 – Bial-Portela v OHIM – Probiotical (PROBIAL)

(Case T-113/12) 1

(Community trade mark – Opposition proceedings – Application for Community figurative mark PROBIAL – Earlier national, international and Community figurative marks, emblem, business name and logo Bial – Relative grounds for refusal – Article 8(1)(b) and 8(4) and (5) 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. 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: Probiotical SpA (Novara, Italy) (represented by: I. Kuschel, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 December 2011 (Case R 1925/2010-4) concerning opposition proceedings between Portela & Ca, SA and Probiotical SpA.

Operative part of the judgment

The Court:

Dismisses the action;

Orders Bial-Portela & Ca, SA to pay the costs.

____________

1     OJ C 165, 9.6.2012.