Source: EURLEX
Language: en
Format: md

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| 25.10.2008 | EN | Official Journal of the European Union | C 272/21 |

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Judgment of the Court of First Instance of 10 September 2008 — Promat v OHIM — Puertas Proma (PROMAT)

(Case T-243/06)[(1)](#ntr1-C_2008272EN.01002102-E0001)

(Community trade mark - Opposition procedure - Application for Community figurative mark PROMAT - Earlier Community figurative mark PROMA - Partial refusal to register - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 272/39)

Language of the case: German

Parties

Applicant: Promat GmbH (Ratingen, Germany) (represented by: J.Krenzel and S.Beckmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G.Schneider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Puertas Proma SAL (Villacañas, Spain).

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 4 May 2006 (Case R 1059/2005-1) concerning opposition proceedings between Puertas Proma SAL and Promat GmbH.

Operative part of the judgment

The Court:

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| 1. | dismisses the action; |

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| 2. | orders Promat GmbH to pay the costs. |

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