Community trade mark Relative ground for refusal Likelihood of confusion Partial refusal to register Opposition procedure Application for Community figurative mark PROMAT Earlier Community figurative mark PROMA Article 8(1)(b) of Regulation (EC) No 40/94)
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008.
Promat GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition procedure - Application for Community figurative mark PROMAT - Earlier Community figurative mark PROMA - Partial refusal to register - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94).
Case T-243/06.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Promat v OHIM – Puertas Proma (PROMAT)
(Case T-243/06)
Community trade mark – Opposition procedure – Application for Community figurative mark PROMAT – Earlier Community figurative mark PROMA – Partial refusal to register – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94)
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 para. 54)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 4 May 2006 (Case R 1059/2005-1) concerning opposition proceedings between Puertas Proma SAL and Promat GmbH. |
Information relating to the case
|
Applicant for the Community trade mark: |
Promat GmbH |
|
Community trade mark sought: |
Figurative mark PROMAT relating to goods and services in Classes 1, 3, 6 to 12, 14, 16, 17, 20 to 22, 25 and 37 – Application No 932202 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Puertas Proma, SAL |
|
Mark or sign cited in opposition: |
In particular, figurative mark PROMA designating goods and services in Classes 6, 20 and 39 (Community mark No 239384) |
|
Decision of the Opposition Division: |
Opposition upheld |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Promat GmbH to pay the costs. |