CELEX: 62008TJ0071
Language: en
Date: 2009-07-08
Title: Judgment of the Court of First Instance (Fourth Chamber) of 8 July 2009. # Promat GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark PROSIMA PROSIMA COMERCIAL S.A. - Earlier national word mark PROMINA - Relative ground for refusal - Likelihood of confusion - Absence of similarity between the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-71/08.

Judgment of the Court of First Instance (Fourth Chamber) of 8 July 2009 – Promat v OHIM – Prosima Comercial (PROSIMA PROSIMA
            COMERCIAL S.A.)
      (Case T-71/08)
      Community trade mark – Opposition proceedings – Application for Community figurative mark PROSIMA PROSIMA COMERCIAL S.A. – Earlier national word mark PROMINA – Relative ground for refusal – Likelihood of confusion – Absence of similarity between the goods – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 (Council Regulation No 40/94 Art. 8(1)(b)) (see paras 21, 39, 42)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 27 November 2007 (Case R 574/2007‑2) relating
                  to opposition proceedings between Promat GmbH and Prosima Comercial, SA.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Prosima Comercial, SA
            
         
               Community trade mark sought:
            
            
               Figurative mark PROSIMA PROSIMA COMERCIAL S.A. for goods and services in Classes 6, 7, 11, 16, 17, 20, 22, 35 - 39, 41 and
                  42 – Application No 2423176
               
            
         
               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 847011
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      1.      Dismisses the action;
      2.      Orders Promat GmbH to pay the costs.