Judgment — ECLI:EU:T:2009:254
Date: 2009-07-08
Language of the case: German
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

Judgment of the Court of First Instance (Fourth Chamber) of 8 July 2009 – Promat v OHIM – Prosima Comercial (PROSIMA PROSIMA COMERCIAL S.A.) (Case T-71/08) Community trade mark – Opposition proceedings – Application for Community figurative mark PROSIMA PROSIMA COMERCIAL S.A. – Earlier national word mark PROMINA – Relative ground for refusal – Likelihood of confusion – Absence of similarity between the goods – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion (Council Regulation No 40/94 Art. 8(1)(b)) (see paras 21, 39, 42) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 27 November 2007 (Case R 574/2007‑2) relating to opposition proceedings between Promat GmbH and Prosima Comercial, SA. Information relating to the case Applicant for the Community trade mark: Prosima Comercial, SA Community trade mark sought: Figurative mark PROSIMA PROSIMA COMERCIAL S.A. for goods and services in Classes 6, 7, 11, 16, 17, 20, 22, 35 - 39, 41 and 42 – Application No 2423176 Proprietor of the mark or sign cited in the opposition proceedings: Promat GmbH Mark or sign cited in opposition: Word mark PROMINA for goods and services in Class 7 – German trade mark No 847011 Decision of the Opposition Division: Opposition dismissed Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Promat GmbH to pay the costs.