Action brought on 17 April 2008 - Deutsche Rockwool Mineralwoll v OHIM - Redrock Construction (REDROCK)

(Case T-146/08)

Language in which the application was lodged: German

Parties

Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: S. Beckmann, Rechstanwältin)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Redrock Construction s.r.o. (Prague, Czech Republic)

Form of order sought

Annul the defendant's decision of 18 February 2008 in Case R 506/2007-4;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Redrock Construction s.r.o

Community trade mark concerned: Figurative mark 'REDROCK' for goods and services in classes 1, 2, 17, 19, 36 and 37 (application No 3 866 365).

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: German word mark 'Rock' for goods and services in classes 1, 6-8, 17, 19, 37 and 42 (No 302 29 274); the opposition concerns registration in all classes with the exception of class 36.

Decision of the Opposition Division: Opposition allowed and application refused in part.

Decision of the Board of Appeal: Contested decision annulled and opposition rejected.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, ¹ as there is a likelihood of confusion, or at least a likelihood of association, between the opposing marks.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).