Action brought on 13 February 2008 - Promat v OHIM - Prosima Comercial (PROSIMA PROSIMA COMERCIAL S.A.)
(Case T-71/08)
Language in which the application was lodged: German
Parties
Applicant: Promat GmbH (Ratingen, Germany) (represented by: S. Beckmann, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Prosima Comercial SA (Barcelona, Spain)
Form of order sought
annul the decision of the Office for Harmonisation in the Internal Market in Case R 574/2007-2;
order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Prosima Comercial SA
Community trade mark concerned: Figurative mark PROSIMA PROSIMA COMERCIAL S.A. for goods and services in Classes 6, 7, 11, 16, 17, 20, 22, 35 to 39, 41 and 42 (Application No 2 423 176)
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 847 011)
Decision of the Opposition Division: Rejection of the opposition
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94
1 as the Office for Harmonisation in the Internal Market was incorrect to take as a basis that the goods were not similar.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11 of 14.1.1994, p. 1)