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.