Judgment of the Court of First Instance of 13 October 2009 - Deutsche Rockwool Mineralwoll v OHIM - Redrock Construction (REDROCK)
(Community trade mark - Opposition proceedings - Application for Community figurative mark REDROCK - Earlier national word mark Rock - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 [now, Article 8(1)(b) of Regulation (EC) No 207/2009])
Language of the case: Czech
Parties
Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: S. Beckmann, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Dvořáková and O. Montalto, Agents)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Redrock Construction s.r.o. (Prague, Czech Republic) (represented by: D. Krofta, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 February 2008 (Case R 506/2007-4) relating to opposition proceedings between Deutsche Rockwool Mineralwoll GmbH & Co. OHG and Redrock Construction s.r.o.
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders Deutsche Rockwool Mineralwoll GmbH & Co. OHG to bear its own costs and to pay three quarters of the costs incurred by Redrock Construction s.r.o.
3. Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to bear its own costs and to pay one quarter of the costs incurred by Redrock Construction s.r.o.
____________1 - OJ C 158, OF 21.6.2008.