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.
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