CELEX: 62008TN0071
Language: en
Date: 2008-02-13 00:00:00
Title: Case T-71/08: Action brought on 13 February 2008 — Promat v OHIM — Prosima Comercial (PROSIMA PROSIMA COMERCIAL S.A.)

12.4.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 92/42
            
         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
   
               —
            
            
               annul the decision of the Office for Harmonisation in the Internal Market in Case R 574/2007-2;
            
         
               —
            
            
               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) as the Office for Harmonisation in the Internal Market was incorrect to take as a basis that the goods were not similar.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1).