CELEX: 62008TJ0146
Community trade mark
Opposition proceedings
Application for Community figurative mark REDROCK
Earlier national word mark Rock
Relative ground for refusal
No 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 Board of Appeal of OHIM of 18 February 2008 (Case R 506/2007-4) relating
to opposition proceedings between Deutsche Rockwool Mineralwoll GmbH & Co. OHG and Redrock Construction s.r.o.
Information relating to the case
Applicant for the Community trade mark:
Redrock Construction s.r.o.
Community trade mark sought:
Figurative mark REDROCK for goods and services in Classes 1, 2, 17, 19, 36 and 37 – Application No 3866365
Proprietor of the mark or sign cited in the opposition proceedings:
Deutsche Rockwool Mineralwoll Gmbh & Co. OHG
Mark or sign cited in opposition:
German word mark Rock for goods and services in Classes 1, 6 to 8, 17, 19, 37 and 42 (No 30229274), the opposition being directed
at registration in all classes except Class 36
Decision of the Opposition Division:
Opposition allowed and application refused in part
Decision of the Board of Appeal:
Contested decision annulled and opposition dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Deutsche Rockwool Mineralwoll GmbH & Co. OHG to bear its own costs and to pay three quarters of the costs incurred
by Redrock Construction s.r.o.;
3.
Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to bear its own costs and to pay one
quarter of the costs incurred by Redrock Construction s.r.o.