Judgment of the Court of First Instance (Fourth Chamber) of 13 October 2009 – Deutsche Rockwool Mineralwoll v OHIM – Redrock Construction (REDROCK)

(Case T-146/08)

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)

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 paras 41-47, 86-89)

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.

Information relating to the case

Applicant for the Community trade mark:	Redrock Construction s.r.o.
Community trade mark sought:	Figurative mark REDROCK for goods and services in Classes 1, 2, 17, 19, 36 and 37 – Application No 3866365
Proprietor of the mark or sign cited in the opposition proceedings:	Deutsche Rockwool Mineralwoll Gmbh & Co. OHG
Mark or sign cited in opposition:	German word mark Rock for goods and services in Classes 1, 6 to 8, 17, 19, 37 and 42 (No 30229274), the opposition being directed at registration in all classes except 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 dismissed

Operative part

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.