CELEX: 62010TJ0172
Language: en
Date: 2012-03-09
Title: Judgment of the General Court (First Chamber) of 9 March 2012. # Colas v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark BASE-SEAL - Earlier national figurative marks representing a diamond shape - Earlier national and international figurative marks COLAS - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-172/10.

Judgment of the General Court (First Chamber) of 9 March 2012 — Colas v OHIM – García-Teresa Gárate and Bouffard Vicente (BASE‑SEAL)
      (Case T-172/10)
      Community trade mark — Opposition proceedings — Application for the Community figurative mark BASE-SEAL — Earlier national figurative marks representing a diamond shape — Earlier national and international figurative marks COLAS — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
      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 207/2009, Art. 8(1)(b)) (see paras 39-42, 59-63)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2010 (Case R 450/2009-4), relating
                  to opposition proceedings between, on the one hand, Colas and, on the other hand, Ms Rosario García-Teresa Gárate and Ms Carmen
                  Bouffard Vicente.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 4 February 2010 (Case R 450/2009-4) in respect of goods other than the chemicals used in science, photography,
                     agriculture, horticulture and forestry; manures; and chemical substances for preserving foodstuffs referred to in that decision;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs.