CELEX: 62006TJ0243
Community trade mark
Opposition procedure
Application for Community figurative mark PROMAT
Earlier Community figurative mark PROMA
Partial refusal to register
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 4 May 2006 (Case R 1059/2005-1) 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:
Figurative mark PROMAT relating to goods and services in Classes 1, 3, 6 to 12, 14, 16, 17, 20 to 22, 25 and 37 – Application
No 932202
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 (Community mark No 239384)
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Promat GmbH to pay the costs.