Judgment — ECLI:EU:T:2006:39
Date: 2006-02-01
Language of the case: Portuguese
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Figurative marks applied for
Procedure: Action for annulment - unfounded
Origin: Portugal

Judgment of the Court of First Instance of 1 February 2006 - Rodrigues Carvalhais v OHIM (Case T-206/04) 1 (Community trade mark - Opposition proceedings - Figurative mark containing the verbal element 'PERFIX' - Earlier Community figurative trade mark containing the verbal element 'cerfix' - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94) Language of the case: Portuguese Parties: Applicant: Fernando Rodrigues Carvalhais (Almada, Portugal) (represented by: P. Graça initially, then J. Lopes, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, Agent) Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Profilpas Snc (Cadoneghe, Italy) (represented by: J.L. Revenga Santos initially, then J.M. Monravá, lawyers) Action brought against the decision of the First Board of Appeal of OHIM of 18 March 2004 (Case R 408/2003-1), concerning opposition proceedings between M. Fernando Rodrigues Carvalhais and Profilpas Snc Operative part of the judgment The Court: 1. Dismisses the action. 2. Orders the applicant to pay the costs. ____________ 1 - OJ C 217 of 28.8.2004.