Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Promat v OHIM – Puertas Proma (PROMAT)**

**(Case T-243/06)**

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)

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 with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 54)

**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. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Promat GmbH |
| Community trade mark sought: | Figurative mark PROMAT relating to goods and services in Classes 1, 3, 6 to 12, 14, 16, 17, 20 to 22, 25 and 37 – Application No 932202 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Puertas Proma, SAL |
| Mark or sign cited in opposition: | In particular, figurative mark PROMA designating goods and services in Classes 6, 20 and 39 (Community mark No 239384) |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Promat GmbH to pay the costs. |

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