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Judgment of the Court of First Instance (Fifth Chamber) of 11 December 2007. # Portela & Companhia, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for figurative Community trade mark Bial - Earlier national word mark BIAL - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Proof of existence of the earlier mark - Coexistence of earlier marks - Plea amending subject-matter of the proceedings - Evidence presented for the first time before the Court of First Instance - Costs incurred before the Opposition Division. # Case T-10/06.
ECLI:EU:T:2007:371
62006TJ0010
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(Case T-10/06)
Community trade mark – Opposition proceedings – Application for figurative Community trade mark Bial – Earlier national word mark BIAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Proof of existence of the earlier mark – Coexistence of earlier marks – Plea amending subject-matter of the proceedings – Evidence presented for the first time before the Court of First Instance – Costs incurred before the Opposition Division
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 897/2004-1) concerning opposition proceedings between (a) Juan Torrens Cuadrado and Josep Gilbert Sanz and (b) Portela & Companhia, SA.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Figurative mark Bial – Application No 1400183
Proprietor of the mark or sign cited in the opposition proceedings:
Juan Torrens Cuadrado and Josep Gilbert Sanz
Mark or sign cited in opposition:
Spanish word mark BIAL
Decision of the Opposition Division:
Opposition partially upheld
Decision of the Board of Appeal:
Decision of the Opposition Division confirmed in its entirety
Operative part
The Court:
3. Orders Portela & Companhia, SA to pay, in addition to its own costs, half the costs incurred by OHIM.