CELEX: 62010TJ0172
Community trade mark
Opposition proceedings
Application for the Community figurative mark BASE-SEAL
Earlier national figurative marks representing a diamond shape
Earlier national and international figurative marks COLAS
Relative ground for refusal
Similarity of the signs
Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2010 (Case R 450/2009-4), relating
to opposition proceedings between, on the one hand, Colas and, on the other hand, Ms Rosario García-Teresa Gárate and Ms Carmen
Bouffard Vicente.
Operative part
The Court:
1.
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 4 February 2010 (Case R 450/2009-4) in respect of goods other than the chemicals used in science, photography,
agriculture, horticulture and forestry; manures; and chemical substances for preserving foodstuffs referred to in that decision;
2.
Orders OHIM to pay the costs.