CELEX: 62006TJ0243
Language: en
Date: 2008-09-10
Title: Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008. # Promat GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-243/06.

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.