Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62010TN0172

    Case T-172/10: Action brought on 8 April 2010 — Colas v OHIM — García-Teresa Gárate (BASE-SEAL)

    OJ C 161, 19.6.2010, p. 49–50 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    08/04/2010
    Date lodged:
    08/04/2010
    Author:
    General Court
    Form:
    Judicial information
    Authentic language:
    French
    Link
    Select all documents mentioning this document
    Instruments cited in case law:
    Link

    19.6.2010   

    EN

    Official Journal of the European Union

    C 161/49

    Action brought on 8 April 2010 — Colas v OHIM — García-Teresa Gárate (BASE-SEAL)

    (Case T-172/10)

    (2010/C 161/78)

    Language in which the application was lodged: French

    Parties

    Applicant: Colas (Boulogne-Billancourt, France) (represented by: E. Logeais, lawyer)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    Other party to the proceedings before the Board of Appeal: Rosario García-Teresa Gárate

    Form of order sought

    The applicant claims that the Court should:

    —

    primarily, annul the decision of the Board of Appeal:

    —

    in so far as it found that there was no similarity between the signs, relying on a distorted representation of the trade mark application at issue and failing, inter alia, to precisely specify the relevant public and to give reasons for the distinctive and dominant character of the terms BASE-SEAL;

    —

    in so far as it denied all similarity of the signs and consequently rejected the opposition to registration of the trade mark BASE-SEAL in breach of Article 8(1)(b) CTMR; and

    —

    in the alternative, partly annul the decision of the Board of Appeal in respect of the sole goods other than ‘chemicals used in science, photography, agriculture, horticulture and forestry … manures, chemical substances for preserving foodstuffs…’;

    —

    in any event, order the Office to pay all the costs.

    Pleas in law and main arguments

    Applicant for a Community trade mark: Rosario García-Teresa Gárate

    Community trade mark concerned: a figurative mark ‘BASE-SEAL’ for goods in Classes 1, 17 and 19 (Application No 3 951 464)

    Proprietor of the mark or sign cited in the opposition proceedings: the applicant

    Mark or sign cited in opposition: several national figurative marks (Spanish, Hungarian, French, Polish, Swedish, German and Czech) and an international figurative mark in the form of a diamond, partly in yellow and containing the word ‘Colas’ for goods in Classes 1, 19 and 37

    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 Council Regulation (EC) No 207/2009 on the Community trade mark on account of the fact that there is a likelihood of confusion between the conflicting marks

    Top