Judgment of the Court of First Instance of 10 September 2008 - Promat v OHIM - Puertas Proma (PROMAT)
(Community trade mark - Opposition procedure - Application for Community figurative mark PROMAT - Earlier Community figurative mark PROMA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: German
Parties
Applicant: Promat GmbH (Ratingen, Germany) (represented by: J.Krenzel and S.Beckmann, lawyers).
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G.Schneider, acting as Agent).
Other party to the proceedings before the Board of Appeal of OHIM: Puertas Proma SAL (Villacañas, Spain).
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 4 May 2006 (Case R 1058/2005-1) concerning opposition proceedings between Puertas Proma SAL and Promat GmbH.
Operative part of the judgment
The Court:
1. dismisses the action;
2. orders Promat GmbH to pay the costs.
____________1 - OJ C 310, 16.12.2006.