CELEX: 62004TJ0206
Community trade mark
Opposition proceedings
Figurative mark containing the word element ‘PERFIX’
Earlier Community figurative trade mark containing the word element ‘cerfix’
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 18 March 2004 (Case R 408/2003-1), concerning
opposition proceedings between Fernando Rodrigues Carvalhais and Profilpas Snc
Information relating to the case
:
Applicant for the Community trade mark:
Fernando Rodrigues Carvalhais
Community trade mark sought:
Figurative mark ‘PERFIX’ – Application No 1635515, for goods in Classes 6 (Sections of metal and accessories therefor), 17
(Sections of plastics and accessories therefor, gaskets and linings of plastics) and 19 (Building materials, not of metal,
linings and seals for ceramics, linings and seals for marble, linings and seals for cladding in general (not included in other
classes))
Proprietor of the mark or sign cited in the opposition proceedings:
Profilpas, Snc.
Mark or sign cited in the opposition proceedings:
Figurative mark ‘CERFIX’ No 587725 and word mark ‘PROFIX’ No 771196
Decision of the Opposition Division:
Rejection of the opposition
Decision of the Board of Appeal:
The decision of the Opposition Division was annuled and the opposition was allowed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders the applicant to pay the costs.