Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Promat v OHIM – Puertas Proma (Promat)
(Case T-300/06)
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
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 para. 52)
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. |
Information relating to the case
Applicant for the Community trade mark: | Promat GmbH |
Community trade mark sought: | Word mark Promat relating to goods and services in Classes 1, 2, 6, 17, 19, 20 and 42 – Application No 803825 |
Proprietor of the mark or sign cited in the opposition proceedings: | Puertas Proma, SAL |
Mark or sign cited in opposition: | In particular, figurative mark PROMA designating goods and services in Classes 6, 20 and 39 – Application No 239384. |
Decision of the Opposition Division: | Opposition upheld |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
2. | | Orders Promat GmbH to pay the costs. |