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Community trade mark — Opposition proceedings — Application for Community word mark ZEBEXIR — Earlier Community word mark ZEBINIX — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
ACTION brought against the decision of the First Board of Appeal of OHIM of 6 April 2011 (Case R 1212/2009 1), concerning opposition proceedings between Bial-Portela & Ca, SA and Isdin, SA.
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 April 2011 (Case R 1212/2009-1);
2.Orders OHIM to bear its own costs and to pay those of Bial-Portela & Ca, SA;
3.Orders Isdin, SA to bear its own costs.