Judgment of the Court of First Instance of 22 March 2007 - Saint-Gobain Pam v OHIM - Propamsa (PAM PLUVIAL)
(Community trade mark - Opposition proceedings - Application for the Community word mark PAM PLUVIAL - Earlier national figurative marks PAM - Relative ground for refusal - Likelihood of confusion - Proof of use - Article 8(1)(b) and Article 43 of Regulation (EC) No 40/94)
Language of the case: French
Parties
Applicant: Saint-Gobain Pam SA (Nancy, France) (represented by: J. Blanchard and G. Marchais, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Rassat, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Propamsa, SA (Barcelona, Spain)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 April 2005 (Case R 414/2004-4) concerning registration of the word mark PAM PLUVIAL and relating to opposition proceedings between Propamsa, SA and Saint-Gobain Pam SA.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders the applicant, Saint-Gobain Pam SA, to pay the costs.
____________1 - OJ C 315, 10.12.2005.