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).

Judgment of the General Court (Second Chamber) of 2 June 2010 – Procaps v OHIM – Biofarma (PROCAPS) (Case T-35/09) 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) Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 32, 62, 66-67) 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. Information relating to the case Applicant for the Community trade mark: Procaps, SA Community trade mark sought: Word mark PROCAPS for goods and services in Classes 5, 35, 39, 40, 44 – Application No 3519394 Proprietor of the mark or sign cited in the opposition proceedings: Biofarma SAS Mark or sign cited in opposition: National and international word mark PROCAPTAN for goods in Class 5 Decision of the Opposition Division: Opposition dismissed Decision of the Board of Appeal: Appeal dismissed in part Operative part The Court: 1.      Dismisses the action; 2.      Orders Procaps, SA to pay the costs.