21.3.2009
EN
Official Journal of the European Union
C 69/51
Action brought on 26 January 2009 — Procaps v OHIM — Bioframa (PROCAPS)
(Case T-35/09)
(2009/C 69/112)
Language in which the application was lodged: 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)
Other party to the proceedings before the Board of Appeal of OHIM: Biofarma SAS (Neuilly sur Seine, France)
Form of order sought
—
Annul the decision of the Fourth Board of Appeal of OHIM (Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 November 2008 in Case R 867/2007-4 which was notified to the parties on 25 November 2008.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: Word mark ‘PROCAPS’ (Trade mark application No 3.519.394) for goods and services in Classes 5, 35, 39, 40, 44.
Proprietor of the mark or sign cited in the opposition proceedings: BIOFARMA, société par actions simplifiée.
Mark or sign cited in opposition: National and international word mark ‘PROCAPTAN’, for goods in Class 5.
Decision of the Opposition Division: Opposition: Opposition rejected.
Decision of the Board of Appeal: Appeal dismissed in part
Pleas in law: Incorrect application of Article 9(1)(b) of Regulation No 40/94 on the Community trade mark.
Full & Egal Universal Law Academy