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Case T-35/09: 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))
ECLI:EU:UNKNOWN:62009TA0035
62009TA0035
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17.7.2010
Official Journal of the European Union
C 195/17
(Case T-35/09)(<span class="super">1</span>)
(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))
2010/C 195/26
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.
(<span class="super">1</span>) OJ C 69, 21.3.2009.