Action brought on 27 December 2010 - Biodes v OHIM - Manasul International (BIESUL)
(Case T-597/10)
Language in which the application was lodged: 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) (OHIM)
Other party to the proceedings before the Board of Appeal of OHIM: Manasul International, SL (Ponferrada, Spain)
Form of order sought
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 September 2010 in Case R 1519/2009-1;
order the defendant and any interveners to pay all the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Biodes, SL.
Community trade mark concerned: Figurative mark containing the word element 'BIESUL' for goods in Classes 5, 30 and 31.
Proprietor of the mark or sign cited in the opposition proceedings: Manasul International, SL.
Mark or sign cited in opposition: National figurative marks containing the word elements 'MANASUL' and 'MANASUL ORO' for goods in Classes 5, 30 and 31.
Decision of the Opposition Division: Opposition rejected.
Decision of the Board of Appeal: Appeal upheld and mark applied for refused.
Pleas in law: Infringement of Article 8(1)(b) and (5) of Regulation (EC) No 207/2009,
1 since there is no similarity between the marks at issue and the Board of Appeal failed to examine the proof of use of the earlier marks.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).