CELEX: 62008TJ0071
Community trade mark
Opposition proceedings
Application for Community figurative mark PROSIMA PROSIMA COMERCIAL S.A.
Earlier national word mark PROMINA
Relative ground for refusal
Likelihood of confusion
Absence of similarity between the goods
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 Second Board of Appeal of OHIM of 27 November 2007 (Case R 574/2007‑2) relating
to opposition proceedings between Promat GmbH and Prosima Comercial, SA.
Information relating to the case
Applicant for the Community trade mark:
Prosima Comercial, SA
Community trade mark sought:
Figurative mark PROSIMA PROSIMA COMERCIAL S.A. for goods and services in Classes 6, 7, 11, 16, 17, 20, 22, 35 - 39, 41 and
42 – Application No 2423176
Proprietor of the mark or sign cited in the opposition proceedings:
Promat GmbH
Mark or sign cited in opposition:
Word mark PROMINA for goods and services in Class 7 – German trade mark No 847011
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.      Dismisses the action;
2.      Orders Promat GmbH to pay the costs.