CELEX: 62004TJ0206
Language: en
Date: 2006-02-01 00:00:00
Title: Judgment of the Court of First Instance (Fourth Chamber) of 1 February 2006. # Fernando Rodrigues Carvalhais v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Figurative mark containing the word element ‘PERFIX’ - Earlier Community figurative trade mark containing the word element ‘cerfix’ - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-206/04.

Judgment of the Court of First Instance (Fourth Chamber) of 1 February 2006 − Rodrigues Carvalhais v OHIM
      (Case T-206/04)
      Community trade mark – Opposition proceedings – Figurative mark containing the word element ‘PERFIX’ – Earlier Community figurative trade mark containing the word element ‘cerfix’ – 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
         (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 33)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 18 March 2004 (Case R 408/2003-1), concerning
                  opposition proceedings between Fernando Rodrigues Carvalhais and Profilpas Snc
               
            Information relating to the case:
      
      
               Applicant for the Community trade mark:
            
            
               Fernando Rodrigues Carvalhais
            
         
               Community trade mark sought:
            
            
               Figurative mark ‘PERFIX’ – Application No 1635515, for goods in Classes 6 (Sections of metal and accessories therefor), 17
                  (Sections of plastics and accessories therefor, gaskets and linings of plastics) and 19 (Building materials, not of metal,
                  linings and seals for ceramics, linings and seals for marble, linings and seals for cladding in general (not included in other
                  classes))
               
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Profilpas, Snc.
            
         
               Mark or sign cited in the opposition proceedings:
            
            
               Figurative mark ‘CERFIX’ No 587725 and word mark ‘PROFIX’ No 771196
            
         
               Decision of the Opposition Division:
            
            
               Rejection of the opposition
            
         
               Decision of the Board of Appeal:
            
            
               The decision of the Opposition Division was annuled and the opposition was allowed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  Orders the applicant to pay the costs.