Source: EURLEX
Language: en
Format: md

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| 12.4.2008 | EN | Official Journal of the European Union | C 92/42 |

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Action brought on 13 February 2008 — Promat v OHIM — Prosima Comercial (PROSIMA PROSIMA COMERCIAL S.A.)

(Case T-71/08)

(2008/C 92/84)

Language in which the application was lodged: German

Parties

Applicant: Promat GmbH (Ratingen, Germany) (represented by: S. Beckmann, 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: Prosima Comercial SA (Barcelona, Spain)

Form of order sought

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| — | annul the decision of the Office for Harmonisation in the Internal Market in Case R 574/2007-2; |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Prosima Comercial SA

Community trade mark concerned: Figurative mark PROSIMA PROSIMA COMERCIAL S.A. for goods and services in Classes 6, 7, 11, 16, 17, 20, 22, 35 to 39, 41 and 42 (Application No 2 423 176)

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 847 011)

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2008092EN.01004202-E0001) as the Office for Harmonisation in the Internal Market was incorrect to take as a basis that the goods were not similar.

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