The Court of First Instance (CFI) of the European Communities has given judgment this morning in Case T-10/06, Portela & Companhia, SA v Office de l’harmonisation dans le marché intérieur, Juan Torrens Cuadrado et Josep Gilbert Sanz. The CFI has allowed Community trade mark applicant Portela's application for annulment of the OHIM Board of Appeal decision to reject its application to register a figurative representation of the word BIAL, based on an opposition from the owner of the earlier Spanish word mark BIAL. The earlier proceedings turned on similarity of goods, similarity of marks, likelihood of confusion and proof of use of the earlier mark.

The decision is available on the Curia website in French and Portuguese.