CELEX: 62009TJ0098
Community trade mark
Opposition proceedings
Application for Community figurative mark T TUMESA TUBOS DEL MEDITERRANEO S.A.
Earlier national word mark and international figurative mark TUBESCA
Relative ground of 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 17 December 2008 (Case R 518/2008-4) relating
to opposition proceedings between Tubesca and Tubos del Mediterráneo, SA.
Information relating to the case
Applicant for the Community trade mark:
Tubos del Mediterráneo, SA
Community trade mark sought:
Figurative mark T TUMESA TUBOS DEL MEDITERRANEO S.A. for goods and services in Classes 6, 35 and 42 – Application No 4085098
Proprietor of the mark or sign cited in the opposition proceedings:
Tubesca
Mark or sign cited in opposition:
National and international word and figurative marks TUBESCA for goods in Classes 6, 19 and 20
Decision of the Opposition Division:
Opposition partially upheld; partial refusal to register the mark applied for
Decision of the Board of Appeal:
Decision of the Opposition Division annulled; opposition dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Tubesca to pay the costs.