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Case T-113/12: Judgment of the General Court of 21 January 2014 — Bial-Portela v OHIM — Probiotical (PROBIAL) (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)
ECLI:EU:UNKNOWN:62012TA0113
62012TA0113
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Official Journal of the European Union
C 61/8
(Case T-113/12) (<span class="super">1</span>)
(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)
2014/C 61/13
Language of the case: English
Parties
Applicant: Bial-Portela & C<span class="super">a</span>, 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 & C<span class="super">a</span>, SA and Probiotical SpA.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Bial-Portela & C<span class="super">a</span>, SA to pay the costs.
(<span class="super">1</span>) OJ C 165, 9.6.2012.