Source: EURLEX
Language: en
Format: md

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| 28.4.2007 | EN | Official Journal of the European Union | C 95/40 |

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Judgment of the Court of First Instance of 22 March 2007 — Saint-Gobain Pam v OHIM — Propamsa (PAM PLUVIAL)

(Case T-364/05)[(1)](#ntr1-C_2007095EN.01004001-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark PAM PLUVIAL - Earlier national figurative marks PAM - Relative ground for refusal - Likelihood of confusion - Proof of use - Article 8(1)(b) and Article 43 of Regulation (EC) No 40/94)

(2007/C 95/80)

Language of the case: French

Parties

Applicant: Saint-Gobain Pam SA (Nancy, France) (represented by: J. Blanchard and G. Marchais, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Rassat, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Propamsa, SA (Barcelona, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 April 2005 (Case R 414/2004-4) concerning registration of the word mark PAM PLUVIAL and relating to opposition proceedings between Propamsa, SA and Saint-Gobain Pam SA.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders the applicant, Saint-Gobain Pam SA, to pay the costs. |

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