CELEX: 62008TJ0130
Community trade mark
Opposition proceedings
Application for Community figurative mark VENATTO MARBLE STONE
Earlier national figurative marks VENETO CERÁMICAS
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 30 January 2008 (Case R 1609/2006-4)
relating to opposition proceedings between Ceramicalcora, SA and Gres La Sagra, SL.
Information relating to the case
Applicant for the Community trade mark:
Gres La Sagra, SL
Community trade mark sought:
Figurative mark VENATTO MARBLE STONE for goods and services in Classes 19, 21, 39 and 40 – Application No 3109006
Proprietor of the mark or sign cited in the opposition proceedings:
Ceramicalcora, SA
Mark or sign cited in opposition:
Spanish trade marks including the sign VENETO CÉRAMICAS Nos 2115543, 2056688, 2056689 and 2056699 for goods and services in
Classes 27, 19, 21 and 39 respectively
Decision of the Opposition Division:
Opposition upheld in part. The Opposition Division held that there was a likelihood of confusion in the relevant territory
for the goods and services at issue in Classes 19, 21 and 40, but that there was no such likelihood of confusion in relation
to those services at issue in Class 39
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Gres La Sagra, SL to pay the costs.