Action brought on 4 September 2006 - Promat v OHIM - Puertas Proma (Promat)

(Case T -300/06)

Language in which the application was lodged: German

Parties

Applicant: Promat GmbH (Ratingen, Germany) (represented by: J.Krenzel)

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

Other party to the proceedings before the Board of Appeal of OHIM: Puertas Proma, S.A.L.

Form of order sought

amend the defendant's decision of 4 May 2006 (Ref. R 1058/2005-1) so as to allow the appeal in full;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant.

Community trade mark concerned: the word mark 'Promat' for goods and services in Classes 1, 2, 6, 17, 19, 20 and 42 (Application No 803 825).

Proprietor of the mark or sign cited in the opposition proceedings: Puertas Proma, S.A.L.

Mark or sign cited in opposition: in particular, the figurative mark 'PROMA' for goods and services in Classes 6, 20 and 39 (Community trade mark No 239 384), the opposition being directed against the application in respect of Classes 6, 19 and 20.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: breach of Article 8(1)(a) and (b) of Regulation (EC) No 40/94, ¹ on the ground that neither the opposing signs nor the opposing goods are similar. Therefore there is no likelihood of confusion 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).