Case T-243/06: Action brought on 4 September 2006 — Promat v OHIM — Puertas Proma (PROMAT)
Date: 2006-12-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, appeal, trade-mark law

C 310/18

EN

Official Journal of the European Union

16.12.2006

Other party to the proceedings before the Board of Appeal of OHIM
Instance: Anca Health Care
intervener before the Court of First
Limited (London, United Kingdom) (represented by: Mathys &
Squire)

Re:

the decision of

the First Board of
Action brought against
Appeal of OHIM of 26 September 2005 (Case R 0098/2005-
1), concerning opposition proceedings relating to the applica-
tion for registration of the word mark ‘CAFON’ as a Com-
munity trade mark.

Operative part of the order

1. It is no longer necessary to adjudicate on the action.

2. The applicant shall bear the costs.

(1) OJ C 74, 25.3.2006.

Proprietor of the mark or sign cited in the opposition proceedings:
BANKINTER S.A.

Mark or sign cited in opposition: Community figurative mark
‘ecuenta — ebankinter’ for goods and services in Classes 16, 36
and 38 — Trade mark No 2 396 760.

Decision of
application for registration upheld.

the Opposition Division: Opposition refusing the

Decision of the Board of Appeal: Appeal inadmissible.

Pleas in law: Infringement of Rules 61 to 69 on notifications in
Regulation (EC) No 2869/95 (1).

(1) Commission Regulation (EC) No 2868/95 of 13 December 1995
implementing Council Regulation (EC) No 40/94 on the Com-
munity trade mark (OJ 1995 L 303, p. 1)

Action brought on 17 February 2006 — González Sánchez
v OHIM — Bankinter (ENCUENTA)

(Case T-49/06)

(2006/C 310/36)

Action brought on 4 September 2006 — Promat v OHIM
— Puertas Proma (PROMAT)

(Case T-243/06)

(2006/C 310/37)

Language in which the application was lodged: German

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: Francisco Javier González Sánchez (Madrid, Spain)
(represented by: G. Justicia González, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
BANKINTER S.A.

Form of order sought

— annul the decision of the Second Board of Appeal of OHIM
of 16 December 2005, notified on 21 December 2005, in
Case R 1116/2005-2, granting the applicant time within
which to bring an appeal against the opposition to the
mark applied for, which had been refused by OHIM on the
ground that its appeal was out of time.

Pleas in law and main arguments

Applicant for a Community trade mark: Confederaciόn Española
de Cajas de Ahorro.

Community trade mark concerned: Word mark ‘ENCUENTA’ for
goods and services in Classes 16, 36 and 38 — Application
No 2 534 584.

Applicant: Promat GmbH (Ratingen, Germany) (represented by:
J. Krenzel)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Puertas Proma, S.A.L.

Form of order sought

— amend the defendant's decision of 4 May 2006 (Ref.

R 1059/2005-1) so as to allow the appeal in full;

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant.

Community trade mark concerned: the word mark ‘PROMAT’ for
goods and services in Classes 1, 3, 6 to 12, 14, 16 to 17, 20 to
22, 25 and 37 (Application No 932 202).

Proprietor of the mark or sign cited in the opposition proceedings:
Puertas Proma, S.A.L

16.12.2006

EN

Official Journal of the European Union

C 310/19

Mark or sign cited in opposition: in particular, the figurative mark
‘PROMA’ for goods and services in Classes 6, 20 and 39 (Com-
munity trade mark No 239 384), the opposition being directed
against the application in respect of Classes 6 and 20.

Decision of the Opposition Division: Opposition partially upheld.

Decision of the Board of Appeal: Appeal partially dismissed.

Pleas in law: breach of Article 8(1)(a) and (b) of Regulation (EC)
No 40/94 (1), on the ground that neither the opposing signs
nor the opposing goods are similar. Therefore there is no likeli-
hood of confusion 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).

Mark or sign cited in opposition: National word marks TORRES,
international word mark TORRES, and international word
mark LAS TORRES for goods in Class 33.

Decision of the Opposition Division: Opposition dismissed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1) since the word TORRE is the dominant compo-
nent in the overall impression produced by the mark applied
for
similarities between the
conflicting marks, and there is a likelihood of confusion
between them which makes it impossible for them to coexist
on the market.

there are aural and visual

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 11 October 2006 — TORRES v OHIM
— Bodegas Cándido (TORRE DE FRIAS)

(Case T-285/06)

(2006/C 310/38)

Language in which the application was lodged: Spanish

Parties

Applicant: Miguel Torres S.A.
(represented
by: E. Armijo Chávarri, M. A. Baz de San Ceferino and A.
Castán Pérez-Gόmez, lawyers)

(Barcelona, Spain)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Bodegas Cándido S.A.

Form of order sought

— annul the decision of the Second Board of Appeal of OHIM
of 27 July 2006 in Case R 1069/2000-2 and order OHIM
to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Bodegas Cándido S.A.

Community trade mark concerned: Word mark TORRE DE FRIAS
for goods in Class 33 — Application No 305 151.

Proprietor of the mark or sign cited in the opposition proceedings:
The applicant.

Action brought on 11 October 2006 — TORRES v OHIM
— Vinícola de Tomelloso (TORRES DE GAZATE)

(Case T-286/06)

(2006/C 310/39)

Language in which the application was lodged: Spanish

Parties

(represented
Applicant: Miguel Torres S.A.
by: E. Armijo Chávarri, M. A. Baz de San Ceferino and A.
Castán Pérez-Gόmez, lawyers)

(Barcelona, Spain)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Vinícola de Tomelloso S.C.L.

Form of order sought

— annul the decision of the Second Board of Appeal of OHIM
of 27 July 2006 in Case R 421/2004-2 and order OHIM to
pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Vinícola de Tomelloso
S.C.L.

trade mark concerned: Word mark TORRE DE
Community
GAZATE in respect of goods in Class 33 — Application No
1 632 017.