Judgment — ECLI:EU:T:2009:398
Date: 2009-10-13
Language of the case: Czech
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: Germany

Action brought on 17 April 2008 - Deutsche Rockwool Mineralwoll v OHIM - Redrock Construction (REDROCK) (Case T-146/08) Language in which the application was lodged: German Parties Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: S. Beckmann, Rechstanwältin) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal of OHIM: Redrock Construction s.r.o. (Prague, Czech Republic) Form of order sought Annul the defendant's decision of 18 February 2008 in Case R 506/2007-4; order the defendant to pay the costs. Pleas in law and main arguments Applicant for a Community trade mark: Redrock Construction s.r.o Community trade mark concerned: Figurative mark 'REDROCK' for goods and services in classes 1, 2, 17, 19, 36 and 37 (application No 3 866 365). Proprietor of the mark or sign cited in the opposition proceedings: The applicant. Mark or sign cited in opposition: German word mark 'Rock' for goods and services in classes 1, 6-8, 17, 19, 37 and 42 (No 302 29 274); the opposition concerns registration in all classes with the exception of 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 rejected. Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, 1 as there is a likelihood of confusion, or at least a likelihood of association, between the opposing marks. ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).