Community trade mark Opposition proceedings Relative ground for refusal Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Likelihood of confusion Application for Community figurative mark PROSIMA PROSIMA COMERCIAL S.A Earlier national word mark PROMINA Absence of similarity between the goods
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 8 July 2009.
Promat GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark PROSIMA PROSIMA COMERCIAL S.A. - Earlier national word mark PROMINA - Relative ground for refusal - Likelihood of confusion - Absence of similarity between the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-71/08.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 8 July 2009 – Promat v OHIM – Prosima Comercial (PROSIMA PROSIMA COMERCIAL S.A.)
(Case T-71/08)
Community trade mark – Opposition proceedings – Application for Community figurative mark PROSIMA PROSIMA COMERCIAL S.A. – Earlier national word mark PROMINA – Relative ground for refusal – Likelihood of confusion – Absence of similarity between the goods – 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 (Council Regulation No 40/94 Art. 8(1)(b)) (see paras 21, 39, 42)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 27 November 2007 (Case R 574/2007‑2) relating to opposition proceedings between Promat GmbH and Prosima Comercial, SA. |
Information relating to the case
|
Applicant for the Community trade mark: |
Prosima Comercial, SA |
|
Community trade mark sought: |
Figurative mark PROSIMA PROSIMA COMERCIAL S.A. for goods and services in Classes 6, 7, 11, 16, 17, 20, 22, 35 - 39, 41 and 42 – Application No 2423176 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Promat GmbH |
|
Mark or sign cited in opposition: |
Word mark PROMINA for goods and services in Class 7 – German trade mark No 847011 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
1. Dismisses the action;
2. Orders Promat GmbH to pay the costs.